LusoNexo Unipessoal Lda
NIF 517855496
LusoNexo: LusoNexo Unipessoal Lda, registered in Portugal under NIF 517855496, hereinafter referred to as "LusoNexo".
Client: The counterparty of LusoNexo in these general terms and conditions.
Parties: LusoNexo and the Client together.
Agreement: The agreement for services between the Parties.
Services: The services offered by LusoNexo, including:
a) Development of digital tools and platforms for measurement, assessment, and data analysis;
b) Digital tools for analyzing competencies, measuring leadership behavior, assessing health and wellbeing, measuring impact of activities or projects, and conducting mixed-methods research;
c) Research and advisory services, including data collection via applications and questionnaires, analysis of qualitative and quantitative data, reports, and advisory sessions;
d) Licensing of digital products and measurement instruments;
e) Custom technology development;
f) Other services agreed upon in writing.
Tools: Both written and digital self-developed products supporting the Services, including online tools such as LeadershipFacts, Impala Impact, ImpactLens, Rapflections, DiversityElevator, HeartBeat, ThemaVerkenner, MODI, and the Positive Health Questionnaire (CPHQ).
By using an application or digital service of LusoNexo, the Client or User automatically agrees to these general terms and conditions. These terms apply to all offers, proposals, invoices, agreements, and deliveries of services by LusoNexo and/or third parties engaged by LusoNexo.
LusoNexo expressly rejects the applicability of any other general terms and conditions of the Client.
Deviations from these terms can only be agreed upon in writing.
If one or more provisions are wholly or partially invalid, the remaining provisions remain fully applicable.
Offers from LusoNexo contain a complete and accurate description of the services offered.
LusoNexo cannot be held to an offer if the Client could reasonably have understood that the offer contained obvious errors or mistakes.
Quotations are valid for 14 days unless otherwise agreed in writing.
Acceptance of the quotation must be done in writing, for example by email or digital confirmation.
By accepting the quotation, the Client declares to have read and agreed to these general terms and conditions.
All prices are exclusive of applicable VAT (IVA), unless expressly stated otherwise.
From the moment the proposal is accepted, the full agreed price is due.
LusoNexo may invoice an advance payment of 50% of the total amount before commencement of the services and the remaining amount upon completion.
There is no refund of advance payments or amounts already paid.
Payment of invoices must be made within 14 days of the invoice date, unless otherwise agreed in writing. Objections to the invoice do not suspend the payment obligation.
If an invoice is not paid on time, LusoNexo is entitled to suspend the execution of its services until full payment has been made.
If the payment term is exceeded, the Client receives a first payment reminder with an additional term of 14 days. If payment is still not received, a second and final reminder follows with a payment term of 7 days.
After expiry of these terms, the Client is in default by operation of law and statutory interest and compensation for extrajudicial collection costs are due.
In case of bankruptcy, suspension of payment, attachment, or liquidation of the Client, all claims of LusoNexo become immediately due and payable.
For proper execution of the agreement, the Client shall provide all relevant information in a timely manner, including contact details, invoice information, deadlines, schedules, locations, and budgets.
The Client guarantees the accuracy, completeness, and reliability of the information provided.
If information provided proves incomplete and/or incorrect, this is entirely at the expense and risk of the Client.
If the Client provides personal data or collects data via a tool of LusoNexo, the Client is responsible for compliance with applicable legislation such as the GDPR.
The agreement is entered into for a definite period, varying from a one-time service to a short-term project of several weeks or months.
If necessary, LusoNexo has the right to have parts of the agreed services performed by third parties.
Changes to the agreed services are not permitted unless agreed upon in writing and by mutual consultation.
Customization of digital tools is only possible after an additional written agreement and quotation.
LusoNexo deploys digital tools for analyzing competencies, measuring leadership behavior, assessing health and wellbeing, measuring impact, conducting mixed-methods research, and measuring stakeholder experiences.
LusoNexo has the right to temporarily take digital tools out of service for maintenance.
LusoNexo has the right to (temporarily) take digital tools out of service and/or restrict their use if the Client fails to meet an obligation under the agreement.
LusoNexo processes personal data exclusively for the execution of the agreement. This is done according to the principle of privacy-by-design: only necessary personal data is collected, data is stored encrypted, and users remain anonymous where possible.
User data is deleted no later than 60 days after completion of the project, unless otherwise agreed in writing.
Additional user terms and/or privacy statements may apply to the use of digital tools. These are explicitly made available to users within each tool.
Delivery times depend on the expected delivery date discussed between the Parties. This term is never a strict deadline unless the Parties have agreed otherwise in writing.
LusoNexo notifies the Client in advance of any delay in the expected delivery date.
Parties may cancel and/or terminate the agreement in writing.
If the Client cancels the agreement 4 to 2 weeks before commencement, the Client owes 50% of the total agreed price.
If the Client cancels within 7 days or on the day of the services, the Client owes the full agreed price plus incurred expenses.
LusoNexo is authorized to terminate the agreement if new facts and/or circumstances arise that disrupt the relationship of trust.
In case of interim termination by the Client, LusoNexo is not obliged to provide any form of refund.
Upon cancellation or interim termination, the Client is also required to reimburse costs already incurred, including work already performed and costs of engaged third parties.
If a force majeure situation occurs preventing LusoNexo from performing one or more services, those services shall be suspended until LusoNexo can fulfill them again. Alternatively, LusoNexo may choose to have its services performed by an engaged third party.
If this situation continues for at least 30 calendar days without an appropriate solution, both Parties may dissolve the agreement in writing.
LusoNexo does not owe any refund or compensation in a force majeure situation.
LusoNexo retains all intellectual property rights to concepts, products, and designs of all offered services, as well as all tools developed during the execution of the agreement.
The Client may not use information and/or insights obtained through the services for comparable commercial purposes. This restriction also applies to the tools obtained.
The Client obtains from LusoNexo the non-exclusive and non-transferable right to use the custom-made tools for the agreed purpose, within the term specified in the agreement. Unless otherwise agreed, the license applies for a duration of one year from the date of delivery. All copyrights remain with LusoNexo.
The Client may not modify, publish, reproduce, transfer to third parties, or use the tools for a purpose other than agreed in writing.
The license automatically expires at the end of the agreed license period, unless renewal is agreed in writing. The license may also be revoked immediately if either Party goes bankrupt, applies for suspension of payment, is liquidated, or is placed under administration.
LusoNexo does not charge an additional monthly fee for the right of use, unless otherwise agreed in writing.
Parties are obliged to maintain confidentiality of all confidential information obtained within the framework of the agreement, unless legally required to disclose.
LusoNexo processes personal data in a proper and careful manner, within the framework of the General Data Protection Regulation (GDPR), and according to the principle of privacy-by-design.
Personal data is not shared with the Client at an individual level, unless expressly agreed in writing and legally permitted.
The privacy statement of LusoNexo applies to all agreements and these general terms and conditions.
For specific tools or applications, separate privacy statements and/or user terms may apply.
If the Client violates an article of these general terms regarding confidentiality or intellectual property, the Client forfeits an immediately payable penalty of at least three times the agreed quotation price for each violation.
In addition, the Client forfeits an amount of 5% of the amount referred to above for each day the violation continues.
No prior notice of default or legal proceedings is required for this penalty to be forfeited.
LusoNexo can only be held liable for demonstrable direct damage caused intentionally or through gross negligence.
Liability for indirect damage, including consequential damage, lost profits, missed savings, or damage to third parties, is excluded.
The Client remains ultimately responsible for checking the quality of the services performed.
LusoNexo is not liable for damage caused by incorrect and/or incomplete data from the Client.
If LusoNexo is liable for direct demonstrable damage, compensation is limited to the amount covered by LusoNexo's liability insurance. If no payment is made by the insurance, liability is limited to the invoice amount of the relevant agreed offer.
LusoNexo acts in accordance with the principles of ethically responsible research, with particular attention to the protection of participants from vulnerable groups.
The Client indemnifies LusoNexo against all claims from third parties relating to damage for which the Client is legally liable towards those third parties.
LusoNexo is entitled to unilaterally amend these general terms and conditions. If a change takes place, LusoNexo will inform the Client and provide a new version of the terms.
The most recently published version of the general terms and conditions always applies.
Portuguese law applies exclusively to every agreement between the Parties and to these general terms and conditions.
Parties will only appeal to the courts after they have made every effort to resolve a dispute by mutual agreement.
The Portuguese court in the judicial district where LusoNexo is established has exclusive jurisdiction to hear disputes between the Parties, unless mandatory law provides otherwise.
For Clients established in the Netherlands, Dutch law may apply to specific service agreements when explicitly agreed in writing. In such cases, the Dutch court in the district of Amsterdam has jurisdiction.
These general terms and conditions have been in effect since February 2026.