Terms of Service

1. Introduction & Acceptance of Terms

Welcome to Livka (“Livka”, “we”, “our”, or “us”). Livka is a proprietary Software-as-a-Service (SaaS) platform accessible via livka.in that enables independent creators, brands, boutiques, and merchants to build, customize, and manage modern online product catalogs, manage order inquiries, and organize direct communication with customers.

By visiting our website, creating an account, accessing the merchant dashboard, using our visual website editor, or subscribing to our paid services, you confirm that you have read, understood, and agreed to be bound by these Terms of Service (“Terms”) together with our Privacy Policy. If you do not agree to these Terms, you must discontinue your use of Livka immediately.

2. Eligibility & Account Registration

To register for an account or operate a storefront on Livka, you must satisfy the following criteria:

• Legal Capacity: You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, and possess full legal capacity to enter into a legally binding agreement.
• Business Authority: If you are creating or managing an account on behalf of a company, partnership, sole proprietorship, or other commercial entity, you represent and warrant that you hold full legal authority to bind that entity to these Terms.
• Truthful Information: You agree to provide accurate, current, and complete registration details, including your legal name, valid email address, and verified WhatsApp business contact number. You agree to promptly update your account settings if your contact details change.

3. Livka Account Security & Responsibilities

Authentication to Livka is powered by secure tokenized identity management. You are solely responsible for maintaining the strict confidentiality of your authentication credentials, passwords, and active session tokens.

• Account Activity: You are fully responsible and liable for all activities, store modifications, product listings, media uploads, and transactions conducted through your Livka account.
• Credential Sharing: You must not sell, transfer, license, or share your account login credentials with unauthorized third parties.
• Security Breaches: You must notify Livka immediately via our official support channels if you discover or suspect any unauthorized access, security breach, or compromised credentials concerning your account.

4. Livka Services & Feature Scope

Livka provides software tools designed to simplify digital commerce and catalog management for independent businesses. Depending on your selected plan and platform configuration, Livka provides access to the following actual features:

Livka does not promise or warrant that the services will operate without interruption or error. Features may be updated, refined, or modified as the platform evolves.

5. Website Builder & Content Responsibility

Our website builder allows you to curate layout sections, visual themes, product copy, and promotional imagery for your digital store. You retain full discretion over the design choices, text, and media you publish through Livka.

• Merchant Content Sole Responsibility: You are solely and exclusively responsible for the content, text, claims, photographs, logos, trademarks, and media you upload, display, or publish on your storefront.
• No Pre-Screening: Livka does not independently inspect, verify, endorse, or guarantee the legality, quality, authenticity, or truthfulness of goods, descriptions, or advertisements published by merchants.
• Technology Provider Role: Livka functions strictly as an intermediary technology and software hosting provider. We do not act as an agent, broker, publisher, or distributor for any merchant’s goods or services.

6. Merchant Responsibilities & Legal Compliance

As an independent business using Livka, you acknowledge and agree that your commercial enterprise is entirely separate from Livka. You are solely and strictly responsible for:

1. Products Offered: Ensuring all products, merchandise, or services you display, advertise, or sell are genuine, safe, legally permissible, and compliant with all applicable laws and standards.
2. Pricing & Taxes: Setting accurate retail prices, delivery charges, and minimum order amounts, and calculating, collecting, reporting, and remitting all applicable local, state, and national taxes (including Goods and Services Tax (GST) in India) arising from your sales.
3. Fulfillment & Shipping: Packaging, shipping, delivering, or arranging studio pickup for all customer orders in a timely manner.
4. Store Policies & Refunds: Clearly stating your own business’s return, refund, cancellation, and exchange policies to your customers, and honoring those policies in good faith.
5. Customer Support: Providing prompt and courteous support directly to your customers regarding product inquiries, delivery delays, defective goods, or order questions.
6. Statutory Compliance: Complying with all consumer protection regulations, legal metrology laws, e-commerce guidelines, and advertising standards applicable to your trade under Indian law.

7. Customer Orders & Independent Commercial Relationship

When an end-consumer browses your Livka storefront, adds items to their shopping bag, and submits an order slip, the resulting transaction and contract of sale are formed strictly and exclusively between you (the merchant) and your customer.

• Livka Is Not the Seller: Livka is not a party to, nor an agent or beneficiary of, any transaction between merchants and buyers. We do not sell, purchase, inventory, handle, inspect, warrant, or insure any merchant’s products.
• Zero Platform Fees on Merchant Sales: Livka charges 0% commission on orders placed through your storefront. We do not collect customer payment funds on behalf of merchants. Merchants arrange payment settlements (such as UPI, net banking, or Cash on Delivery) directly with their customers.
• Buyer Disputes: Any disputes concerning order fulfillment, product quality, refunds, delivery times, or misrepresentation must be resolved directly between the merchant and the customer. Livka disclaims all liability for commercial disputes between merchants and buyers.

8. WhatsApp & Third-Party Communication Tools

Livka leverages WhatsApp deep-linking protocols (https://wa.me/) to format cart selections into readable order slips that can be transmitted directly from a customer’s device to the merchant’s WhatsApp business number.

• Independent Platform: WhatsApp is owned and operated by Meta Platforms, Inc. Livka is not affiliated with, endorsed by, sponsored by, or partner-contracted with WhatsApp or Meta.
• Third-Party Terms: Your use of WhatsApp to communicate with customers or close sales is governed entirely by WhatsApp’s own Terms of Service and Business Policies. You are solely responsible for complying with WhatsApp’s rules regarding commercial communications, spam prevention, and opt-in consent.
• No Guarantee of Delivery: Livka is not responsible for WhatsApp network outages, blocked telephone numbers, message deliverability failures, or customer messaging restrictions imposed by Meta.

9. Subscriptions, Pricing & Billing Terms

Access to certain premium platform capabilities, including publishing your store live on a public subdomain, is provided on a subscription basis.

• Plan Rates: The active paid tier is Livka Pro, priced at ₹499 per month (or the prevailing rate published on our Pricing Page). All subscription rates are in Indian Rupees (INR) unless expressly stated otherwise.
• Payment Processor: Subscription billing, checkout sessions, and recurring payment transactions are processed securely through our authorized third-party payment partner, Dodo Payments. By initiating a subscription, you authorize Dodo Payments to charge your designated payment method on a recurring monthly billing cycle.
• Automatic Renewal: Paid subscriptions automatically renew at the beginning of each billing interval unless you cancel your subscription prior to the renewal date via your merchant billing dashboard.
• Cancellation Policy: You may cancel your Livka Pro subscription at any time from your merchant dashboard under the Billing tab. Cancellation takes effect at the conclusion of your current paid billing period (cancel_at_period_end). You will continue to have full Pro access until your current period expires.
• Refund Rules: Because Livka offers a free draft tier to thoroughly test our builder prior to purchase, all subscription payments made to Livka are non-refundable for partial months, unused periods, or voluntary account closures, except where explicitly mandated by mandatory Indian consumer protection laws. Livka does not provide automatic or pro-rated refunds.
• Failed Payments & Expiration: If your recurring renewal payment fails or your subscription expires, your storefront will be automatically unpublished (is_published = false) to protect your brand from unauthorized public traffic. However, your store layout, product catalog, media, and settings will remain 100% intact and preserved in draft mode, allowing you to re-activate publishing whenever you choose.

10. Free Starter Plan vs. Paid Livka Pro Plan

Livka maintains a clear distinction between draft design access and live public storefront hosting:

Livka does not offer time-limited free trials for the Pro plan because the Starter plan is permanently free for building and testing. Promotional programs, including creator referral commissions, are subject to separate qualification and anti-abuse verification criteria.

11. User Content & Limited License

“User Content” includes all product titles, descriptions, photographs, artwork, brand logos, banners, reviews, prices, and communications uploaded to or published through your Livka store.

• Merchant Retains Ownership: You retain complete and unencumbered intellectual property ownership of all User Content you upload to Livka. Livka does not claim ownership or copyright over your merchandise, brand names, or original media.
• Limited Operational License: You grant Livka a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, cache, reproduce, format, display, and transmit your User Content solely as technically necessary to operate, maintain, improve, secure, and deliver the Livka platform and your storefront to visitors.
• Content Warranty: You represent and warrant that you hold all necessary rights, licenses, consents, and permissions to upload and publish your User Content, and that your content does not infringe the copyright, trademark, trade secret, privacy, or moral rights of any third party.

12. Livka Platform Intellectual Property

The Livka platform, including its brand identity, trademark “Livka”, domain names, logos, website layout, graphic design, user interface components, visual builder code, database structures, algorithms, API routes, and documentation, are the exclusive intellectual property of Livka and its licensors.

Except for the limited license granted to access the dashboard and storefront services in accordance with these Terms, nothing herein grants you any right, title, or interest in Livka’s intellectual property. You agree not to:

• Reverse engineer, decompile, disassemble, or extract the source code of the Livka platform or builder.
• Copy, frame, mirror, or republish the Livka software or administrative UI for commercial resale or redistribution.
• Remove, obscure, or alter any copyright notices, watermarks, or trademark symbols belonging to Livka.
• Use the Livka name, trademarks, or branding in a manner that falsely implies partnership, endorsement, or joint venture.

13. Prohibited Activities & Acceptable Use Policy

You agree to use Livka solely for legitimate, lawful commercial purposes. You must not engage in, facilitate, or promote any of the following prohibited activities:

• Illegal or Controlled Goods: Advertising or selling narcotics, prescription drugs without authorization, weapons, explosives, fireworks, stolen merchandise, endangered wildlife, counterfeit branded items, or adult/pornographic materials.
• Fraud & Deception: Operating deceptive schemes, Ponzi schemes, advance-fee scams, phishing operations, or accepting customer money without the intent or ability to fulfill ordered goods.
• Platform Interference: Introducing viruses, trojans, ransomware, worms, or malicious scripts into the platform, or launching denial-of-service (DoS) attacks against Livka infrastructure.
• Unauthorized Access: Attempting to probe, scan, or exploit vulnerabilities in our API endpoints, Supabase database, or Cloudflare storage, or bypassing tenant-isolation security controls.
• Harassment & Hate Speech: Using Livka to harass, defame, threaten, or discriminate against any individual or community based on race, religion, gender, sexual orientation, disability, or nationality.
• Spam & Automated Scraping: Deploying automated spiders, bots, scrapers, or scripts to bulk-extract data from merchant stores or the Livka platform without authorization.

14. Account Suspension, Termination & Data Handling

Livka reserves the right to suspend, restrict, or terminate your account or storefront access, temporarily or permanently, with or without prior notice, under the following circumstances:

• If you breach any provision of these Terms or our Acceptable Use Policy.
• If your store is reported for suspected fraud, unlawful activities, or non-delivery of customer orders.
• If your recurring subscription payment fails, as outlined in Section 9.
• If we are instructed to do so by a competent law enforcement agency, court of law, or regulatory body under Indian law.

Effect of Termination: Upon termination of your account, your public storefront will be taken offline immediately. You may request an export of your product catalog and customer directory within fourteen (14) days of termination by contacting support, subject to legal compliance and account verification.

15. Service Availability, Maintenance & Modifications

Livka strives to deliver high platform reliability and minimal latency. However, you acknowledge and agree that:

• The services are provided on an “as is” and “as available” basis. Livka does not guarantee 100% continuous or error-free uptime.
• Routine maintenance, database updates, security patches, and emergency hardware repairs may temporarily interrupt platform access. We endeavor to perform scheduled maintenance during low-traffic windows.
• Livka reserves the right to introduce new features, alter existing toolsets, or deprecate outdated builder modules with reasonable notice where practicable.

16. Third-Party Services & Infrastructure Providers

Livka relies upon verified enterprise infrastructure providers to power different facets of the software:

• Supabase: For relational PostgreSQL database hosting, Row Level Security (RLS) policies, and authentication services.
• Cloudflare R2: For distributed cloud object storage, media asset delivery, and DDoS mitigation.
• Dodo Payments: For subscription payment gateway services, recurring billing, and merchant checkout.
• WhatsApp (Meta): For customer order messaging and direct communication.

Livka is not responsible or liable for independent downtime, outages, service interruptions, policy shifts, or API deprecations originating from these third-party infrastructure providers.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN INDIA, LIVKA PROVIDES ITS PLATFORM, SOFTWARE, BUILDER, AND SERVICES “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

LIVKA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS, THAT IT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE IMMEDIATELY CORRECTED, OR THAT THE PLATFORM WILL BE FREE OF HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT COMMERCIAL RESULTS AND STORE SALES ARE SOLELY DEPENDENT UPON YOUR OWN EFFORTS AND MARKET FACTORS.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE INDIAN LAW, IN NO EVENT SHALL LIVKA, ITS OPERATORS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE LIVKA PLATFORM.

UNDER NO CIRCUMSTANCES SHALL LIVKA’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO LIVKA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND INDIAN RUPEES (₹1,000 INR).

Nothing in these Terms shall limit or exclude liability for death or personal injury resulting from negligence, fraud, or any other liability that cannot legally be excluded under Indian statutory law.

19. Indemnification

You agree to defend, indemnify, and hold harmless Livka, its operators, contractors, and agents from and against any and all claims, demands, liabilities, damages, losses, penalties, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach or alleged violation of any provision of these Terms or applicable laws.
• Your User Content, store branding, product imagery, or advertisements published through Livka.
• Any products, goods, or merchandise manufactured, listed, advertised, sold, or distributed through your storefront.
• Any dispute, complaint, or chargeback between you and your customers or business suppliers.
• Your failure to collect, declare, or remit applicable statutory taxes on sales made by your store.

20. Modifications to These Terms

We reserve the right to revise or amend these Terms of Service at any time to reflect software enhancements, changes in our business model, or new legal requirements. When changes are made, we will update the “Last Updated” date at the top of this document.

For material modifications that substantially affect your rights or obligations, we will provide reasonable advance notice through a banner on the merchant dashboard or via notification. Your continued access to or use of Livka following the effective date of updated Terms constitutes your conclusive acceptance of the modified Terms.

21. Governing Law & Dispute Resolution

These Terms of Service, and any contractual or non-contractual disputes arising out of or related to your relationship with Livka, shall be governed by and construed in accordance with the substantive laws of the Republic of India, without regard to conflict of laws principles.

Any dispute, controversy, claim, or legal proceeding arising out of or in connection with these Terms or the Livka platform shall be subject to the exclusive jurisdiction of the competent courts of law in India.

22. Contact & Formal Notices

If you have questions, inquiries, feedback, or legal notices concerning these Terms of Service, please reach out to us through our active support channels: