Terms of Service

1. Acceptance of terms

By accessing or using the Lounbréck platform ("Service"), you ("Customer", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a binding agreement between you and Lounbréck S.A. ("Lounbréck", "we", "us"). By creating an account or subscribing to the Service, you confirm that you have the legal authority to bind your organization to these Terms.

These Terms are supplemented by our Privacy Policy and Cookie Policy, which are incorporated by reference.

2. Service description

Lounbréck provides a payroll compliance platform for SMEs managing cross-border (frontalier) employees in Luxembourg. The Service includes:

• WFH Tracker: Work-from-home day recording, bilateral treaty threshold calculation, and compliance alerting for Luxembourg's post-2024 WFH agreements with France, Belgium, and Germany
• Compliance Calendar: Tracking of regulatory deadlines for ACD tax declarations, CCSS social security filings, and other Luxembourg compliance obligations
• Tax Treaty Engine: Cross-border treaty eligibility determination and employee classification assistance
• Payroll Engine: Tax class routing, ACD filing preparation, and payroll data management for cross-border employees

Lounbréck is a compliance tool, not a substitute for professional legal or tax advice. The Service provides calculations, alerts, and documentation assistance — final compliance decisions remain the Customer's responsibility.

3. Account & access

Access to the Service requires account registration. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate and complete
• Maintain the security of your login credentials and restrict access to authorized personnel within your organization
• Notify Lounbréck promptly of any unauthorized access or security breach
• Accept responsibility for all activities conducted under your account

You may only use the Service for lawful purposes and in accordance with these Terms. Lounbréck reserves the right to suspend or terminate accounts that violate these Terms.

4. User responsibilities

As a Customer of Lounbréck, you are responsible for:

• Data accuracy: Ensuring that employee and employer data entered into the platform is accurate, current, and lawfully obtained
• Employee consent: Obtaining and documenting appropriate employee consent for data processing as required by GDPR and applicable law, prior to entering employee data into the platform
• Compliance decisions: Reviewing Lounbréck outputs and making final compliance determinations in consultation with qualified legal and tax advisors where needed
• Regulatory updates: Monitoring applicable Luxembourg, French, Belgian, and German regulations for changes that may affect your obligations — Lounbréck will use reasonable efforts to update the platform but cannot guarantee real-time regulatory synchronization
• Prohibited uses: Not using the Service to (a) process data for unlawful purposes; (b) attempt to gain unauthorized access to Lounbréck systems; (c) interfere with the proper operation of the platform; (d) reverse engineer the Service

5. Data ownership

Customer data ownership: You retain full ownership of all data you input into the Lounbréck platform ("Customer Data"). Lounbréck does not claim any ownership over your employee records, payroll data, or compliance documents.

License to process: By using the Service, you grant Lounbréck a limited, revocable license to process your Customer Data solely for the purpose of providing the Service to you. This includes processing necessary for payroll calculations, compliance reporting, and platform operation.

Lounbréck data: Aggregated, de-identified compliance statistics and platform analytics generated by Lounbréck (that do not identify you or your employees) are owned by Lounbréck.

Data portability: Upon request and subject to technical feasibility, you may export your Customer Data in a standard machine-readable format. Export requests should be directed to hello@lounbreck.com.

GDPR data processing agreement: Where you use Lounbréck to process employee personal data, Lounbréck acts as a data processor. A Data Processing Agreement (DPA) is available upon request and describes our respective obligations under GDPR.

6. Fees & billing

Use of Lounbréck is subject to subscription fees as displayed on our pricing page at lounbreck.com (for SaaS customers) or as agreed in a separate commercial agreement.

• Billing: Subscriptions are billed monthly or annually in advance, per the selected plan
• Payment: Payment is due within 30 days of invoice date. Late payments accrue interest at 1% per month
• Subscription changes: You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the end of the current billing period
• No refunds: Subscription fees are non-refundable for the current billing period. Credits or adjustments for partial months are at Lounbréck's discretion

7. Service availability

Lounbréck uses commercially reasonable efforts to maintain platform availability. We target 99.5% uptime but do not guarantee uninterrupted availability.

Scheduled maintenance: We will endeavor to provide at least 48 hours' notice of scheduled maintenance windows.

Force majeure: Lounbréck is not liable for service disruptions caused by circumstances beyond our reasonable control, including natural disasters, government actions, third-party infrastructure failures, or cyberattacks.

Support: Customer support is available via email at hello@lounbreck.com. Response times are within one business day under normal conditions.

8. Liability

Limitation of liability: To the maximum extent permitted by Luxembourg law, Lounbréck's total liability for any claim arising from or relating to these Terms or the Service shall not exceed the total fees paid by you to Lounbréck in the twelve (12) months preceding the event giving rise to the claim.

Exclusions: Lounbréck shall not be liable for:

• Indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities
• Damages arising from reliance on compliance outputs without independent professional review
• Errors resulting from inaccurate or incomplete Customer Data
• Third-party actions beyond our reasonable control

Compliance disclaimer: Lounbréck provides a compliance tool, not legal or tax advice. We recommend all Customers consult qualified Luxembourg tax advisors and legal counsel for their specific compliance obligations. Lounbréck is not liable for compliance decisions made solely on the basis of platform outputs without professional review.

9. Termination

Termination by you: You may terminate your subscription at any time from your account settings or by contacting hello@lounbreck.com. Termination takes effect at the end of the current billing period. No refunds for partial periods.

Termination by Lounbréck: Lounbréck may terminate or suspend your account immediately if you (a) breach these Terms; (b) engage in unlawful activity; (c) fail to pay fees when due; (d) pose a security risk to the platform or its users.

Effect of termination: Upon termination, your access to the platform will cease. We will retain Customer Data for the period specified in our Privacy Policy. You may request data export prior to termination — Lounbréck will endeavor to provide this within 15 business days of the termination request.

Survival: Sections 5 (Data Ownership), 8 (Liability), 9 (Termination — effect), and 10 (Governing Law) survive termination.

10. Governing law

These Terms are governed by and construed in accordance with the laws of Luxembourg, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the Courts of Luxembourg City, Luxembourg.

If you are a consumer (natural person acting outside professional capacity), your statutory rights under Luxembourg consumer protection law are not affected by this governing law provision.

11. Changes to these terms

Lounbréck reserves the right to modify these Terms at any time. Material changes will be communicated to registered accounts via email at least 30 days before they take effect. Your continued use of the Service after the effective date of any modified Terms constitutes acceptance of those modifications.

The "Last updated" date at the top of this page reflects the date of the most recent revision.

13. Disclaimer