1. The User of the Luxinnovation Online Platform acknowledges that he/she has read the Terms and Conditions and agrees to abide by them in all circumstances; 

2. The User acknowledges that the electronic acceptance of the Terms and Conditions has the same force and effect as if the Terms and Conditions had been physically signed;  

3. The User confirms that he/she is duly authorised to represent and act on behalf of the Account Holder, if an Account has been created. 

1. DEFINITION of the terms and concepts used on the platform 

2. PURPOSE  

2.1 The aim of the online platform is to bring together in a single interface all information relating to Luxinnovation's activities and those of its shareholders and partners, its missions and its support services.  

• To undertake, by all human, material and electronic means, all information, assistance and liaison actions, both nationally and internationally, with the aim of promoting R&D and innovation, technology transfer and the creation of innovative companies in the Grand Duchy of Luxembourg; 

• To raise the awareness of and provide information to companies, research organisations and R&D and innovation project initiators, acting as a one-stop shop for R&D and innovation on all aspects, developments and instruments relating to R&D and innovation, both technological and non-technological, the creation of innovative companies and technology transfer, both in Luxembourg and at EU and international level; 

• To raise the awareness of and inform the general public about innovation, creativity, design, research and development; 

• To help companies, research organisations and R&D and innovation project initiators identify their innovation needs and define, organise, implement and manage their R&D and innovation projects and programmes; 

• To promote and facilitate technology transfer, the creation of innovative companies or companies using new technologies, technological cooperation between companies, research organisations, R&D and innovation project initiators and innovation experts, and to encourage communication as well as scientific and technical collaboration in all its forms, and lead innovation clusters; 

• To promote national, EU and international aid schemes vis-à-vis companies, research organisations and R&D and innovation project initiators, and approve providers of consulting and innovation support services; 

• To communicate, on its own initiative, any information or proposal relating to the implementation of R&D and innovation policies in the private and public sectors to the ministers responsible for the economy, small and medium-sized enterprises or public-sector research;  

• To study and analyse, at the request of one of the ministers in charge of the economy, small and medium-sized enterprises or public-sector research, any project or programme from a company, research organisation or R&D and innovation project initiator seeking the benefit of an aid scheme or measure, or any other issue relating to R&D and innovation, the creation of innovative companies and technology transfer. 

2.2 Luxinnovation provides its online platform to enhance collaboration between organisations, the business sector and society as a whole, with the aim of tackling major societal challenges and strengthening Luxembourg's competitiveness. Luxinnovation acts as an intermediary between these stakeholders. 

3.1 Users and Account Holders understand and accept that the information contained on the Platform is given for information purposes only and is not exhaustive. It is possible that this information might not be updated.  

3.2 While Luxinnovation endeavours to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, concerning the completeness, accuracy, reliability, suitability or availability of the information, products or Services made available on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 

3.3 In no event will Luxinnovation be liable for any information uploaded by third parties or for any harm or damage resulting from inaccurate or incomplete information contained on its Platform. 

3.4 Presentation of the Platform and its Services  

• The Platform offers informative content published and managed by Luxinnovation, accessible to all Users, without prior creation of a personal Account. This content concerns Luxinnovation's activities and news as well as those of its shareholders and partners.  

• The Platform provides access to Luxinnovation Services, some of which are reserved for personal Account Holders. These Services include, but are not limited to:  

• Newsletter subscription. An Account does not have to be created for the service.  

• Preferences management. An Account does not have to be created for the service. 

• registration for events organised or co-organised by Luxinnovation. An Account does not have to be created for the service. 

• sending a request for information and/or contact via the forms. An Account does not have to be created for the service. 

• membership of the Online Communities. This service is reserved for Account Holders. 

• personalised support for Luxinnovation projects. This service is reserved for Account Holders. 

3.5 Support requests 

• The Services offered by Luxinnovation are not mandatory. Any promoter of an innovative project – whether a private individual or a legal entity – is free to apply directly to the relevant Luxembourg authorities to obtain the aid they require. Luxinnovation's mission is to assist and support all applicants within the limits described in its mission statement and articles of association.  

• In the event of an application submitted via the Luxinnovation Platform being rejected/not accepted by the relevant Luxembourg authorities, Account Holders must contact the relevant Luxembourg authorities directly if they wish to receive details of the decision taken by the authorities in question.  

3.6 The specific case of the Knowledge Hub  

4. Obligations of users, account holders and MEMBERS of online communities 

a) Users  

4.1 Use of the Luxinnovation Platform is strictly free and open to all Users.  

4.2 Access to the platform is via the Internet, and the User declares that he/she is aware of and accepts the risks involved. It is advisable to guard against the effects of hacking by adopting an appropriate and secure computer configuration. 

4.3 Information provided. Users are required to provide accurate information in all circumstances and, more specifically, when sending an information request or contact form.  

4.4 Users agree to use the Platform and Services in accordance with the applicable Laws and within the limits described in these GTCU. When Users share information and documents on the Platform, they also agree to abide by the rules of courtesy and good conduct, the GTCU and applicable laws. In particular, Users agree not to use the Services: 

• to engage in, promote or encourage illegal activity; 

• to violate or encourage the violation of the legal rights of third parties; 

• to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature; 

• for illegal, invasive, infringing, defamatory or fraudulent purposes.  

4.5 Reporting. Users may report any inappropriate or illegal conduct, or any improper behaviour observed on the Platform to Luxinnovation employees, including fraud, scams and bad business practices at any time by sending a report to the following email address: whistleblowing@luxinnovation.lu. Luxinnovation invites its Users to take note of its Whistleblowing Policy. 

b) Account holders 

4.6 Creating an account and admission. Self-employed individuals and representatives and/or employees of legal entities who wish to benefit from Luxinnovation's services are invited to create an Account on the Platform.  

4.7 Representation of a legal entity. When an Account Holder is acting in the name and on behalf of a Legal Entity, they guarantee that they are duly authorised to represent the Legal Entity and act in its name and on its behalf. In specific situations and, in particular, to meet the requirements of any competent Luxembourg authority, Luxinnovation reserves the right to request additional information in order to confirm the identity of the Account Holder and the Account Holder's right to act on behalf of the Legal Entity. The Account Holder undertakes to provide any information required in this respect, in particular a personal email address that is accurate and valid.  

4.8 Identifiers. The Account created on the Luxinnovation Platform is personal and unique. Except with prior authorisation from Luxinnovation, the Account Holder undertakes to create only one Account and not to divulge their identifiers, in any form whatsoever, to a third party. The storage, use and transmission of Identifiers are the sole responsibility of the Account Holder. Luxinnovation cannot be held responsible for the loss, misuse, abuse or fraudulent use of Identifiers. Use of the Account must be personal, and any use of the Identifiers will be presumed to have been made by the registered Account Holder. In the event of loss or theft of their Identifiers, Account Holders are requested to immediately notify Luxinnovation's GDPR officer who will then close the account, at the following email address: gdpr@luxinnovation.lu. 

4.9 Information and Account. Once an Account has been created, Account Holders may expand their profile by entering their Preferences and areas of interest from among the topics proposed by Luxinnovation. Holders are also responsible for keeping this information up to date and amending it where necessary.  

4.10 Termination or deletion of an Account.  

• The creation of an Account on the Luxinnovation Platform is non-exclusive and there is no minimum commitment period. The Account Holder and/or the Legal Person represented may request the deletion of their Account, at any time, by contacting Luxinnovation's GDPR Officer at the following email address:  gdpr@luxinnovation.lu. An email acknowledging receipt will be sent to the applicant and the Account will be closed within fifteen (15) working days following the date of this email. The Account Holder may also use the Account deletion option on the Platform.  

• If a User does not log in to their Account for a period of three years (3 years) from the last login or profile modification and does not respond to requests to update the Preferences and expressions of interest generated by the Platform, the Account will be deactivated by Luxinnovation. 

• In the event of violation of these GTCU or proven violations of applicable Laws by the Account Holder, Luxinnovation reserves the right to delete the Account, temporarily or permanently, at any time and without prior notice. Under no circumstances may the Account Holder claim any recourse or compensation. 

c) Online Community Members 

4.11 Membership. Users representing and/or employed by companies, entities or associations in the public and private sectors who wish to exchange and interact with their counterparts on subjects of common interest via one or more Communities offered online by Luxinnovation are invited to create a Personal Account to apply to become a Member. The Online Communities are open and accessible on request, subject to the details below.  

4.12 Termination or cancellation of membership.  

• Membership of the Online Communities is valid for thirty-six (36) months from the date of the initial application. An automatic notification is sent to Members inviting them to renew their membership. If a Member does not wish to extend their membership, the profile will be deleted. A member may request the deletion of their membership at any time and without giving a reason by contacting Luxinnovation's GDPR Officer at the following email address:  gfpr@luxinnovation.lu. An email acknowledging receipt will be sent to the applicant and the Account will be closed within fifteen (15) working days following the date of such email.  

• In the event of deletion of membership and/or the User's Account, messages posted in the past are pseudonymised but remain online, unless they contravene the rules of the Platform. 

• In the event of serious and clear violations of these GTCU or proven violations of applicable Laws by a Member, Luxinnovation reserves the right to delete the registration of the Member concerned, temporarily or permanently, at any time and without prior notice. Under no circumstances may the Member appeal the decision or claim compensation. 

4.13 Publications and Moderation. 

• Clearly illegal content: Contributions published by Members must remain strictly related to the subject of the Online Community offered by Luxinnovation. All publications with hateful, violent, racist, xenophobic, homophobic or discriminatory connotations, or which advocate crimes or offences of any kind, are strictly forbidden and may result in legal proceedings.  

• Contentious content:  Freedom of expression allows for debate, criticism must be expressed courteously, and the sharing of information is welcome when verified and substantiated. However, this freedom of expression in no way authorises denigration, defamation, insults or allegations of information that is inaccurate or deliberately truncated to change its meaning. Members' contributions must not undermine or be contrary to public order, public decency, the rights, reputation and image of natural or legal persons (famous or anonymous), the privacy of third parties, or the respect due to the Grand Duchy of Luxembourg, its sovereign and its rulers. Content posted by a Member must not undermine the reputation, security or integrity of a State or its rulers. Any contribution of this type is liable to prosecution by Luxinnovation before the competent authorities.  

• Trade and advertising: Luxinnovation expressly requests that Members of its Online Communities refrain from including any advertising (text, images, photos, videos and links) in their contributions. Advertising must be carried out without any connection to Luxinnovation.  

4.14 Luxinnovation cannot be held responsible for contributions posted by Members of its Online Communities.  

5. PRIVACY AND USER/Holder account DATA  

5.1 Personal data collected when sending an information and/or contact request form, and/or when creating a personal account via the Platform are stored in a database and are described in Luxinnovation's Activity Processing Register. This is not the case when joining an online community. The personal data provided may be used, subject to the prior consent of the Data Subject and according to his/her preferences and interests, for marketing purposes to offer Luxinnovation services and news. The Data Subject may withdraw his/her consent at any time by writing to the GDPR Officer of Luxinnovation via the e-mail address gdpr@luxinnovation.lu.  

5.2 Users and Account Holders with social network accounts may share and recommend content from the Platform on Facebook, LinkedIn, X, etc., via the share buttons provided. Luxinnovation draws your attention to the fact that such sharing may result in the unintentional collection of your personal data. To avoid the non-consensual transfer of personal data, we recommend that you deactivate social network services. If the Person concerned has given his/her consent and has activated his/her social networks, then the buttons may be active. The User acknowledges and accepts that, during interactions with other Users of the Platform, the User's Data, including business and personal data, may be disclosed, in whole or in part, to such Users.  

5.3 The User and Account Holder may use the Luxinnovation Platform to access information, benefit from services and share content via their social networks. 

5.4 The User and the Account Holder warrant that they have the right to share all Account Holder Data they upload to the Platform and that such information is accurate.  In particular, Luxinnovation shall not be liable if the User and/or Account Holder shares information that they were not authorized to share 

5.5  The User undertakes to treat all information disclosed by other Users of the Platform as confidential and to use such information only for the purposes intended for the Platform. In particular, the User undertakes not to pass on this information to third parties or make it available to third parties in any other way whatsoever. The User undertakes to take all reasonable steps to prevent third parties from accessing this information.  

5.6 The User and the Account Holder acknowledge and agree that Account Holder Data may also be processed by Luxinnovation's data recipients (the “Recipients”) which, in the context of the purposes mentioned above, refer to any third party supporting Luxinnovation's activities.  

• its institutional partners (Luxembourg ministries, administrations and/or federations, professional chambers, universities, public research bodies, embassies, trade organizations) or non-institutional partners (Luxembourg private research bodies, service providers for the joint organization of events, for example),  

• its service providers for the dispatch of newsletters and other publications, 

• its subcontractors who process data on its behalf. 

5.7 The information and documents shared by the User and/or Account Holder may contain confidential and proprietary material. Luxinnovation shall not be liable for any claim, penalty, loss, damage or expense whatsoever arising out of or in connection with the disclosure of information and materials by a User and/or Account Holder. 

5.8 The User and the Account Holder undertake to treat all information disclosed by other Users of the Websites as confidential and to use such information only for the purposes intended for such Websites. In particular, the User and the Account Holder undertake not to pass on such information to third parties or to make it available to third parties in any other way whatsoever. The User and the Account Holder undertake to take all reasonable steps to prevent third parties from accessing this information. 

5.9 The obligations of confidentiality set forth in this Section 5 shall not apply to the extent that the information (i) is publicly available or becomes publicly available without breach of such obligations, or (ii) has been lawfully received from a third party, or (iii) is already known to the receiving party, or (iv) is required to be disclosed by virtue of judicial, administrative or mandatory rules or orders, provided that the extent of the disclosure is as limited as possible and that the receiving party notifies the other party of a requirement for disclosure prior to such disclosure, unless such notification can be made by the receiving party, administrative or mandatory rules or orders, provided that the scope of the disclosure is as limited as possible and that the receiving Party notifies the other Party of a disclosure requirement prior to such disclosure, unless such notification cannot reasonably be given, or (v) has been independently developed by the receiving Party without use of or reference to the other Party's information. The Party relying on one or more of the above exemptions must prove the alleged underlying facts. 

5.10 Unless otherwise agreed, the confidentiality obligations of the Parties shall remain binding for a further three (3) years after the termination of these General Terms and Conditions. 

5.11 However, the User and the Account Holder expressly authorize Luxinnovation to use the Account Holder's Data (excluding Personal Data as defined by Data Protection Laws) in an anonymized and/or aggregated manner within the framework of its missions and for statistical and analytical purposes. 

6. Access to the Platform 

6.1 The Online Platform is provided on an "as is" and "as available" basis. Luxinnovation uses all technical means at its disposal to ensure that it is accessible and functional 24 hours a day, 7 days a week. Nevertheless, Luxinnovation cannot exclude the possibility that access, and operation may be temporarily or permanently interrupted, in particular, but not exclusively, in the case of force majeure events, malfunctioning of the User's equipment, malfunctioning of the Internet network, maintenance operations, etc. Luxinnovation reserves the right to modify or discontinue the Service at any time without notice.  

6.2 Luxinnovation cannot be held responsible for any interruptions of the Platform, whether voluntary or involuntary, with the understanding that Luxinnovation uses all reasonable means at its disposal to limit any such disruption.  

6.3 Through the Platform, you may connect to other websites that are not under the control of Luxinnovation. We have no control over the nature, content or availability of these sites. The inclusion of links does not necessarily imply a recommendation or endorsement of the views expressed in them. 

7. INTELLECTUAL PROPERTY 

7.1 Luxinnovation enjoys full ownership of the Platform (architecture, texts, titles, photographs, graphics, animations, sounds, images, logotypes, icons, illustrations, layout, computer codes, services, etc.). The Platform and all its components are protected by Luxembourg and European laws on intellectual property and copyright. 

7.2 The User is authorised – for purely internal and non-commercial purposes – to consult, download and print the forms without prior request.  

7.3 Reference to information published on the Luxinnovation Online Platform (and/or any other channel used by Luxinnovation, e.g. social networks) does not imply that Luxinnovation supports or endorses in any way any analysis or conclusion that may be made by any User or group of Users.  

7.4 The User shall not use or disclose any such Intellectual Property Rights, or any other information relating to the technology, software or services of the Luxinnovation Platform, except to the extent necessary for the User's use of the Platform, as expressly permitted by these GTCU and Applicable Laws. Furthermore, the User shall not take any action that may infringe, misappropriate, violate, endanger or compromise these Intellectual Property Rights, or the Intellectual Property Rights of third parties, or their legality and/or enforceability.  

7.5 The User and the Account Holder may not (i) sell, rent, transfer, reproduce, redistribute or otherwise disseminate all or any part of the Platform to any third party, or create derivative works from the same, (ii) copy, modify, decompile or reverse engineer all or any part of the Luxinnovation Platform. The User may not remove, obscure or alter any copyright, trademark or other notices or captions contained in or on the Platform or any Content. 

7.6 The User and the Account Holder must promptly notify Luxinnovation in writing of any threat, warning or written notice of any claim or action infringing Luxinnovation's Intellectual Property Rights.  

7.7 The User and the Account Holder retain ownership of the documents and information submitted via the Luxinnovation Platform, as well as all related Intellectual Property Rights. 

7.8 The User, Account Holder and Member of online communities guarantee that no information or document submitted via the Platform violates the rights of any third party, including Intellectual Property Rights or any other personal or proprietary rights. The User undertakes to respect the intellectual property rights, information and documents of other Users. 

7.9 The User, the Account Holder and the Member of the online communities further guarantee that no information or document submitted via the Platform will be or contain defamatory or otherwise illegal, abusive or obscene material. The User, Account Holder and Online Community Member are and shall remain solely responsible for any information or documents uploaded to the Platform. 

7.10Luxinnovation shall not be liable for any claim, penalty, loss, damage or expense whatsoever arising out of or in connection with the disclosure of information and materials by any User and/or Account Holder and/or Community Member. Accordingly, Luxinnovation shall not be liable for any infringement by Users of any third party's Intellectual Property Rights arising out of or in connection with the use of the Platform.  

7.11 The User and/or Account Holder shall defend, indemnify and hold Luxinnovation harmless from and against any and all claims, suits or other proceedings, losses, costs, liabilities or expenses (including reasonable attorneys' and other professionals' fees and court costs) arising out of the use of the Platform. 

8. LIABILITY AND LIMITATION 

8.1 To the extent permitted by applicable law, Luxinnovation cannot be held liable for any special, incidental, direct or indirect, punitive or consequential damages, or any loss of data, opportunity, reputation, profits or revenues in connection with its online Platform. 

8.2 Luxinnovation cannot be held liable for any damage or harm that the User, Account Holder and/or Members of Online Communities may suffer directly or indirectly as a result of browsing the Platform and using its services. The obligation to provide the Platform and its services is limited to a best-endeavours obligation: Luxinnovation does not guarantee the continuity or performance of the services offered via its online Platform, nor does it guarantee that the Platform will be free of bugs or that it will not be affected by technical malfunctions.  

8.3 Nothing in these GTCU excludes or limits liability (i) for fraud; (ii) in a manner that is not permitted by Applicable Laws; (iii) for infringement by the User and/or Account Holder of Luxinnovation's Intellectual Property Rights. 

8.4 The legal or moral liability of Luxinnovation shall not be engaged in the event of force majeure as defined by Luxembourg and European law and jurisprudence.  

8.5 The information that appears on the Platform is related to Luxinnovation's missions and activities. It is not intended to take account of the User's personal or special circumstances. It cannot therefore be regarded as individual, professional or legal advice for the User. Should the User require any advice, specialist or otherwise, he/she is invited to consult the relevant departments using the contact form provided.  

8.6 Luxinnovation cannot be held liable for any inaccuracies, omissions or errors in the content made available to users via its Platform. Luxinnovation cannot be held liable if – despite every care taken by its teams in checking the information – the sources cited are incorrect, obsolete, partial or if the methods used by the data providers are controversial or illegal. Luxinnovation makes every effort to provide accurate and up-to-date information in good faith, using the resources of reputable service providers. However, Luxinnovation cannot provide a guarantee against any risk of error or attempt at external manipulation. The information published on its Platform does not constitute a commitment on the part of Luxinnovation to any trend, movement or opinion. Luxinnovation's content is strictly neutral.  

8.7 In the context of the content published in the Knowledge Hub section, Luxinnovation teams are available to explain the methodology, sources and/or discriminating criteria used. 

9. Data Protection 

9.1 In n accordance with applicable regulations, in particular European Regulation 2016/679, known as the General Data Protection Regulation (GDPR), Luxinnovation as data controller, collects and processes your personal data: 

• hosting of the Platform,  

• maintenance of the Platform.   

• First and last names, 

• Gender, 

• Company name and position held,  

• e-mail address. 

• manage claims and disputes relating to the execution of these General Terms and Conditions of Use,  

• trace and keep proof of operations and procedures carried out by the User on the Luxinnovation Platform.  

10. UNILATERAL RIGHT OF MODIFICATION 

10.1 Luxinnovation reserves the right to unilaterally modify all or part of its online Platform at any time, particularly in the event of technical, legal or jurisprudential developments or the introduction of new functionalities. Luxinnovation may, for example, modify the visuals, house style guide and other elements and/or content at its sole discretion. 

10.2 Luxinnovation may not be held liable for any direct or indirect damage or harm resulting from such modifications. 

11. MISCELLANEOUS 

11.1 Completeness. These GTCU contain and set forth the entire intention of the parties and supersede any other agreement, understanding or arrangement, whether verbal or written, relating to or in connection with the subject matter hereof. 

11.2 Relationship between the Parties. The contractual relationship between Luxinnovation and Users is intuitu personae and may not be assigned without Luxinnovation's written consent. 

11.3 Amendments. Luxinnovation reserves the right to modify these GTCU at any time while giving prior notice to Users in the event of substantial modification. 

11.4 Severability. Should any of the terms and conditions contained in these GTCU prove to be invalid, this shall not affect the validity of the remaining terms and conditions. 

12. APPLICABLE LAW AND JURISDICTION 

12.1 Regardless of the place of use, these GTCU shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. 

12.2 The Parties irrevocably agree that any dispute arising from or in connection with the GTCU and/or the Platform will be submitted exclusively to the courts of the City of Luxembourg, Grand Duchy of Luxembourg.