Le Gouvernement du Grand-Duché du Luxembourg
General Terms and Conditions of Use 

1. LEGAL MENTIONS

The online Platform www.luxinnovation.lu (hereinafter referred to as "the Platform", "the online Platform") is is the exclusive property of GIE Luxinnovation (hereinafter referred to as ‘Luxinnovation’ or “LXI” or ‘We’), registered with the Luxembourg Trade and Companies Register (RCSL) under number C16 and having its registered office at 5, avenue des Hauts Fourneaux L-4362 Esch-sur-Alzette.

Luxinnovation is responsible for the content of the Platform: its design, graphic creation, development, maintenance, follow-up, monitoring and availability. 

The site is published and hosted by Kentico Software CZ s.r.o., located at Nové sady 996/25 CZE-602 00 Brno, Czech Republic.

The host is Microsoft Ireland Operations via its Azure cloud services offering, whose registered office is at Carmanhall Road - Sandyford Business Estate - Dublin 18 - Ireland.

The purpose of these general terms and conditions of use (hereinafter ‘General Terms and Conditions of Use’ or “GTCU”) is to set out the terms and conditions under which the ‘User/User/Member’ browses the Platform. The terms ‘you’, “your” and ‘User/Member’ refer to any individual who consults and uses the information and documents made available, who uses the various services offered, and/or who creates an account and/or joins a community.

By browsing the Platform, you are deemed to have read and accepted all of the terms and conditions of these TOU. Luxinnovation also invites you to read the Privacy Policy and the Cookie Policy to understand how we collect and process your personal information in the context of the services offered by Luxinnovation via its Platform. 

Luxinnovation's online Platform, information content and services are made available free of charge and securely, using Internet technologies. If the User refuses, for any personal reason, not to accept the obligations of these TOS, he/she is invited not to use the Platform. 

Use of the Virtual Assistant (or Chatbot) implies acceptance of these General Terms and Conditions of Use. 

By accepting these Terms and Conditions :

  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.

 The creation of a User Account is not mandatory to view the information published by Luxinnovation via its Platform. However, to benefit from some of the specific services offered, in particular matchmaking and personalised support for specific projects, creating a personal Account and filling in your Preferences is recommended.

 As the Luxinnovation Online Platform is not designed for archiving content, it is the User's responsibility to take the necessary measures to do so.


2. DEFINITIONS 

Account”: Refers to the personalised space made available to Users registered on the Platform, enabling them to access Luxinnovation Services after logging in using their login and password;

Account holder”: Refers to a category of Users of the Platform (who are either the duly authorised representative or an employee of a company, a public establishment, a company in the process of being set up with the Luxembourg Trade and Companies Register, a public or private research Laboratory, etc.) who have a personal account; 

Applicable laws”: Refers to all laws, regulations and other requirements applicable in the Grand Duchy of Luxembourg in force at any given time, or as amended or replaced;

Chatbot”: Cf “Virtual Assistant

Consortium/Consortia”: Refers to a group made up of several institutional partners - state or para-state - who pool their skills and resources to carry out a defined project or mission. This cooperation brings together various Luxembourg players.

Content”: Refers to any digital data in the form of text, video document, image (animated and/or sound) accessible online by any Platform User or Account Holder;

Data protection laws”: Means any data protection law applicable in Luxembourg in force at any given time, or as amended or replaced (including, but not limited to, the GDPR and the Luxembourg law of 1 August 2018 on the organisation of the National Commission for Data Protection and the general data protection regime);

Force majeure event ” : Refers to any unforeseeable, unavoidable and exceptional condition or event beyond the reasonable control of the Parties that prevents the Party affected from performing its obligations under the GTCU in whole or in part, resulting from acts, events, omissions or non-events beyond its reasonable control, including power failures, technical malfunctions of third parties, epidemics, pandemics, quarantines, riots, wars, acts of terrorism, fires, floods, storms or earthquakes and any disaster;

GDPR”: Refers to Regulation No. 2016/679 of 27 April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

Identifiers”: Refers to the User's login/username and password enabling them to connect to their Account created on the Luxinnovation Platform and to access the Services offered therein;

Intellectual property rights ”: Refers, without limitation and where applicable, to all patents, utility models, ideas and rights to inventions (whether or not patentable or reduced to practice), improvements, all copyrights and related rights (including, without limitation, rights of reproduction, distribution, communication to the public, rental and lending), trademarks (registered or unregistered), service marks, design rights (registered or unregistered), brand names, product names, logos, slogans, trade names, company names and reputations, domain names, database rights, rights in confidential and/or proprietary information (including, without limitation, know-how and trade secrets), software rights (including, without limitation, algorithms, interface application programming, source, executable and object code, devices, circuit designs and assemblies), network configurations and architectures, concepts, marketing and development plans, methods and any other intellectual property rights, in each case, whether registered or unregistered and including all applications for and renewals or extensions of such rights, and any similar or equivalent rights or forms of protection in any part of the world.

Legal entity”: Designates the legal entity (enterprise, public establishment, company in the process of being registered with the Luxembourg Trade and Companies Register, public or private research laboratory, etc.) for which the Account Holder works or which they represent, if applicable; 

Members”: Refers to a category of Account Users who have been admitted to one or more thematic online communities proposed by Luxinnovation;

Online”: Means that Users consult the Platform via the Internet; 

Online communities”: Refers to the communities made available to Account Holders grouped around common topics to enable them to exchange and interact with each other via a dedicated Internet space; 

Parties”: Refers to Luxinnovation and the User;

Platform”: Refers to a single interface that includes a login area to facilitate User access to Luxinnovation Services and news, as well as multiple websites, via Internet technologies; 

Preferences”: Refers to a personal form sent to all Users by Luxinnovation in order to get to know them and analyse their needs and expectations. According to their personal preferences, they will be able to subscribe to one or more Newsletter(s) from the list offered, highlight their main areas of interest in terms of topics and categories and provide their personal identification and contact data; 

Services”: Refers to all services provided by Luxinnovation on the Web site. These include, but are not limited to, subscribing to one or more Newsletters, registering for events organised or co-organised by Luxinnovation and its partners, requesting contact or information from our teams, providing support on specific projects, using the Virtual Assistant (or Chatbot), among other possibilities. The services offered by Luxinnovation via its Platform are intended for all its Users. All services offered by Luxinnovation are free of charge; 

User “: Refers to any person of legal age who has access to the Platform, regardless of their status (self-employed individual, legal representative or employee, member of a private company or public institution), location, connection methods, the purpose of their search, the reason for consulting the Platform, etc., including Account Holders and Members. 

User Data”: Refers to all data, documents, content or information submitted by the User when using the Platform, by the Account Holder when creating an Account, including, but not limited to, commercial data relating to a Legal Entity or personal data provided by the Member of an Online Community; 

Virtual Assistant”: Refers to the instant guided discussion tool made available to the User. Its objective is to help the User find relevant information based on the questions asked on the Platform.


3. PURPOSE

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. 

Luxinnovation is Luxembourg’s National Agency for Innovation and Research. Its mission is as follows:

  • 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. 

Luxinnovation may be entrusted by the Ministers in charge of the economy, SMEs, energy and tourism, as well as research and higher education, by decision of the Government in Council, with the coordination or management, in whole or in part, of national measures and programmes, or with Luxembourg's participation in international cooperation programmes in the field of R&D and innovation.

Luxinnovation provides its Online Platform to increase collaboration between the business sector and research organizations, and society as a whole, with the aim of addressing major societal challenges and strengthening Luxembourg's competitiveness. Luxinnovation acts as an intermediary in the collaboration between these actors.


4. INFORMATION AND CONTENT AVAILABLE ON THE PLATFORM

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. 

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.

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.

1. 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: 
    1. Newsletter subscription. An Account does not have to be created for the service. 
    2. Preferences management. An Account does not have to be created for the service.
    3. registration for events organised or co-organised by Luxinnovation. An Account does not have to be created for the service.
    4. sending a request for information and/or contact via the forms. An Account does not have to be created for the service.
    5. membership of the Online Communities. This service is reserved for Account Holders.
    6. personalised support for Luxinnovation projects. This service is reserved for Account Holders.

Luxinnovation may change the functionalities of its online Platform and modify the content of its catalogue of support services, at its sole discretion. 

  • The Platform offers the possibility of contacting Luxinnovation teams directly via dedicated forms. Visitors and/or Account Holders are informed that messages submitted via these forms must remain strictly related to Luxinnovation's missions and support services. Any message that is hateful, violent, racist, sexual, xenophobic, homophobic, discriminatory or that advocates crimes or offences of any kind is strictly prohibited. Luxinnovation reserves the right to report such messages to the appropriate authorities and to take legal action.

2. 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. 

The User acknowledges and accepts that Luxinnovation, which acts only as an intermediary, cannot be held responsible for any decision taken by the Luxembourg authorities. Its obligations are limited exclusively to providing support services for applicants. 


3. The specific case of the Knowledge Hub 

The aim of this tool is to offer certain studies and analyses carried out by Luxinnovation to users of its Platform, in order to provide a better understanding of the Luxembourg economic ecosystem and technological and sectoral trends at a global level. This section presents reports, dashboards and other materials produced by Luxinnovation as part of its activities to promote innovation and support national enterprises. 

Luxinnovation undertakes to refer to a company within the framework of its studies only for the educational purpose of analysing the Luxembourg ecosystem, always taking care to respect the names and reputations of the legal entities concerned. 

Luxinnovation has no obligation to ensure that the information it publishes is exhaustive. Its goal is not to compile an exhaustive inventory of Luxembourg companies by name, regardless of the subject under consideration. 

For all requests for additions or corrections, the companies concerned are invited to contact us at the following email address: knowledgehub@luxinnovation.lu or via the dynamic contact form, in order to assert their right to rectification. The same applies to companies wishing to submit a removal request to Luxinnovation. Any request for rectification or removal will be carefully examined by Luxinnovation, which will determine what action to take. To facilitate communication, Luxinnovation recommends quoting (with the necessary hyperlinks) the page(s) in question, the title of the study and the date of publication or the date of the data. In the event of a complaint regarding information on the Knowledge Hub, all Users are entitled to contact Luxinnovation via the email address knowledgehub@luxinnovation.lu (or the dynamic contact form). 


4. The specific case of the Virtual Assistant

 The Virtual Assistant (or Chatbot) made available on the Platform offers a free-form writing mode. Therefore, the User and/or Account Holder may—knowingly or unknowingly—provide personal information, including sensitive information. The Virtual Assistant's system is designed to minimize risk by blocking any possibility of processing (and therefore storing) personal data. Interactions are strictly anonymous.

 Luxinnovation cannot guarantee the accuracy and completeness of the information provided by its Virtual Assistant (or Chatbot) or its continued proper functioning.

 Luxinnovation strives to provide Users with the most relevant information based on their search criteria and the wording of their question(s). However, it cannot be held responsible for any errors.

 The information provided by the Platform's Virtual Assistant (or Chatbot) does not imply any decision regarding questions submitted by the User and/or Account Holder. 

The User acknowledges that he/she uses the information provided by the Virtual Assistant (or Chatbot) of the Platform under his/her sole responsibility.


5. OBLIGATION OF USERS, ACCOUNT HOLDERS AND MEMBERS OF ONLINE COMMUNITIES 

a) Users 

  1. Use of the Luxinnovation Platform is strictly free and open to all Users. 
  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.
  3. Information provided. Users are required to provide accurate information in all circumstances and, more specifically, when sending an information request or contact form. Users acknowledge that they have the right to share all User Data they upload to the Platform and that such information is accurate. In particular, Luxinnovation cannot be held responsible if a User shares information they are not authorised to share.
  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. 
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

  1. 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.  Creating an Account on the Luxinnovation Platform is a voluntary and binding act by which the Account Holder guarantees to provide accurate information concerning their identity, email address and, where applicable, the legal entity they work for or represent. Luxinnovation reserves the right to accept or reject the Account creation request at any time. On acceptance of this request, the Account Holder will receive an email inviting them to confirm their registration. It is for an indefinite period, except for the items mentioned cf, infra in paragraph 4 "Information and Account".
  2. 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. 
  3. 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. 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. 
  5. Termination or deletion of an Account:  
        1. 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. 
        2. 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.
        3. 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

  1. 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. Membership applications are made via a form provided on the Platform. The criteria are: surname, first name, email, position, company. Each membership application is examined individually and may be rejected by way of a reasoned refusal. Luxinnovation is solely responsible for deciding on the appropriateness of each application according to the purpose of the Community. When a new Member joins one of the Online Communities offered by Luxinnovation, the other Members of this Community are informed by way of electronic notification. When one member replies to another in a message stream, a notification is also sent automatically.  Data provided by members (first and last names, photo/avatar, company name, email address) are public, with the exception of email addresses.
  2. Termination or cancellation of membership. 
    1. 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:  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 such email. 
    2. 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.
    3. 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.
  3. Publications and Moderation.

Members can post news articles, comments and documents, and maintain and develop the flow of exchanges on the online Community they have joined. Each piece of content is linked to a topic predefined by Luxinnovation. Each Member understands and accepts that they are legally responsible for the contributions they publish, including when sharing commercial and/or confidential information. 

Luxinnovation moderates the content and contributions published on its Online Communities. The following content is prohibited and may be deleted: 

  • 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. 

Members acknowledge and understand that, by virtue of the foregoing, Luxinnovation may – on its own initiative or when notified by a Member – remove any content that violates these GTCU or applicable Laws, without any justification and/or without any notice. Luxinnovation reserves the right to take legal action against offenders, depending on the gravity of the offence. 


6. PRIVACY AND USER/HOLDER ACCOUNT DATA

6.1 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. Some of the Platform's services require cookies to be deposited on the User's or Account Holder's terminal. The cookie does not in any way identify the person concerned, but it does enable easy and fluid consultation of the Platform. For further information, please consult our Cookie Management Policy.

6.2 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. 

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

6.4 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

6.5 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. 

6.6 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. For the aforementioned purposes, Luxinnovation may transfer Account Holder Data to: 

      • 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.

6.7 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.

6.8 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.

6.9 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.

6.10 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.

6.11 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.


7. ACCESS TO THE PLATEFORM

7.1 The Online Platform and the Virtual Assistant (or Chatbot) are provided “as is” and “as available”. Luxinnovation uses all technical means at its disposal to ensure that they are 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. 

7.2 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. 

7.3 Through the Platform, you can connect to other websites that are not under the control of Luxinnovation. We have no control over the nature, content, availability, or security of these sites. The inclusion of links does not necessarily imply a recommendation or endorsement of the views expressed by these third-party sites.


8. INTELLECTUAL PROPERTY RIGHTS

8.1 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.

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

The reproduction of any type of content on the Platform is authorised, provided that the source is referenced: quote the title of the articles or studies concerned, reference the clickable hyperlinks to the relevant pages, and specify the date (DD/MM/YYYY) on which the study was published.

The rights that are implicitly or explicitly granted above consist of an authorization to use for purely private (non-commercial) purposes, and in no case any transfer of rights, ownership or other rights relating to the Platform. Users and/or Account Holders who wish to use all or part of the content published on the Luxinnovation Platform for professional purposes are requested to contact the Communications department at the following email address: web@luxinnovation.lu 

Failure to comply with the obligations described in this "Intellectual Property" article constitutes an infringement for which the infringer may be held civilly and criminally liable. 

8.3 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. 

8.4 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. 

8.5 The User and the Account Holder may not (i) sell, rent, transfer, reproduce, redistribute or otherwise disseminate all or part of the Online Platform, or create derivative works from it, (ii) copy, modify, decompile or reverse engineer directly or indirectly all or part of the Platform, (iii) by any means including the use of software or automatic devices to power and train any technology inspired by or based on artificial intelligence. The User and the Account Holder may not remove, obscure or modify any copyright, trademark or other notices or legends contained in or on the Websites or any content.

8.6 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. 

8.7 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.

8.9 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. 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.

8.10 uxinnovation 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. 

8.11 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.

 

9.  LIABILITY AND LIMITATION

9.1 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.

9.2 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, using of the Virtual Assistant (or Chatbot) 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. 

9.3 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.

9.4 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. 

9.5 The information that appears on the Platform, including that provided by the Virtual Assistant (or Chatbot), is linked to the missions and activities of Luxinnovation. 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. 

9.6 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. 

9.7 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.

9.8 In the specific context of publications relating to consortia – such as L-DIH and AI Factory – of which Luxinnovation is a member, Users and/or Account Holders are informed that Luxinnovation does not have control over the published content. Its responsibility here is limited to that of an editing and provision service. In the event of a complaint made by a User of the Platform, Luxinnovation will inform the members of the consortium concerned as soon as possible in order to agree on any changes to be made.


10. DATA PROTECTION

Information is detailed in the Privacy policy 


11. UNILATERAL RIGHT OF MODIFICATION

11.1 Luxinnovation reserves the right to modify unilaterally, at any time, all or part of the Website in particular in case of technical, legal or case-law developments or to implement of new functionalities. Luxinnovation may, for example, modify the visuals, graphic charts and other elements and/or contents at its sole discretion.

11.2 No liability for any direct or indirect damage in connection with such modifications can be held against Luxinnovation.


12. CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE

12.1 Certain portions of the content on the Luxinnovation Internet Platform (including, but not limited to texts, images, translations, and any other media) may have been generated, translated, or enhanced using artificial intelligence technologies. In accordance with Regulation (EU) 2024/1689 on Artificial Intelligence (AI Act), Luxinnovation is committed to ensuring an appropriate level of transparency regarding the use of this content. While its quality, relevance, and accuracy remain a fundamental editorial requirement for Luxinnovation, we cannot guarantee its completeness or complete reliability. Also, although not required by the European AI Act, this content generated using artificial intelligence published on its Platform and published on the Platform will be labelled and accompanied by an explanatory statement regarding its source.

12.2 In the case of these specific contents, the Visitor to the Platform is invited to exercise their own judgment. Their use remains entirely at their own risk. Luxinnovation cannot be held responsible for this use or its consequences. If they wish, the Visitor can report any content they deem inappropriate or erroneous to the following address: web@luxinnovation.lu.


11. MISCELLANEOUS 

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.

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

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

Severability. Should any one condition of these Terms and Conditions become invalid, the validity of the other conditions will remain unaffected.


13. APPLICABLE LAW AND JURISDICTION 

13.1 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

13.2 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.


 

Last modified date: July 2025

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