2. DEFINITIONS 

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.

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 

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. 

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. 

6.1 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.