1. Introduction
2. The LexPhD Service
3. Use of the LexPhD Service
4. Customer Support, Information, Questions and Complaints
5. Problems and Disputes
6. About these topics
1. Introduction
Please read these Terms of Service (these “Terms”) carefully as they govern your use
(which includes access) to LexPhD's personalized services for accessing the legal
consultancy platform, including all of our websites and software applications that
incorporate or link to these Terms (the “LexPhD Service”) and any materials made
available through the LexPhD Platform.
Use of the LexPhD Service may be subject to additional terms and conditions presented
by LexPhD, which are incorporated by this reference into these Terms.
By creating an account and using the LexPhD Service, it implies acceptance by the user.
If the user rejects these Terms and Conditions, they must cease using them.
The LexPhD service is owned by the company Bonança e Perserverança, Lda with its
registered office at Av. António Augusto Aguiar n.º 21, 1.º Andar, 1600-012, Lisbon.
Responsibility
These Terms are between the user and the company Bonança e Perseverança, lda, with
NIF 517 637 650 with registered office at Av. António Augusto Aguiar n.º 21, 1.º
Andar, 1600-012, Lisbon.
Age and eligibility requirements
To use the LexPhD service and access any content, the user needs to
(1) be 18 years of age (or equivalent minimum age in your country of origin) or older,
(2) have the consent of your parents or guardians if you are a minor in your country of
origin,
(3) have the power to enter into a binding contract with us and not be prevented from
doing so under any applicable laws and
(4) you undertake that any registration information you submit to LexPhD is true,
accurate and complete, and you agree to keep it that way at all times. If you are a minor
in your country of origin, your parent or guardian will need to enter into these Terms on
your behalf. You can find additional information about minimum age requirements in
the registration process. If you do not meet the minimum age requirements, LexPhD
will not be able to register you as a user.
2. THE LexPhD SERVICE
LexPhD Service Options
The LexPhD service can be accessed via the website – www.lexphd.com and via
Whastapp with the mobile number - + 1(361) 353-8785.
Certain options of the LexPhD Service are provided free of charge, while other options
require payment before they can be accessed (the “Paid Subscriptions”).
The Subscription Plan for Individuals will cost €9.00 and will be able to have access to
artificial intelligence asking legal questions that will be answered on a legal basis, as
well as access to the drafting of contracts and procedural documents.
The Subscription Plan for Companies and Legal Professionals will cost €29.00 and will
be able to have access to artificial intelligence asking legal questions that will be
answered on a legal basis, as well as access to the drafting of contracts and procedural
documents.
The Subscription Plan for Law Firms will cost €249.00.
We may also offer special promotional plans, memberships or services, including offers
for third-party products and services.
Tests
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for
a specified period without payment or at a reduced rate.
Limitations and modifications to the Service
We take all reasonable measures of care and skill to keep the LexPhD Service
operational and to provide you with a full user experience of the platform.
However, our service offerings and their availability may change from time to time and are subject to
applicable laws, without liability to you, for example:
• LexPhD Services may experience temporary interruptions due to technical difficulties,
maintenance, testing or updates, including those necessary to reflect changes in relevant
laws and regulatory requirements.
• We aim to constantly develop and improve our Services, and we may modify, suspend
or stop (permanently or temporarily) providing all or part of the LexPhD Service
(including specific functions, features, subscription plans and promotional offers).
LexPhD has no liability to you, nor any obligation to provide refunds to you, due to
interruptions or failures in Internet service or other services caused by actions of
government authorities, other third parties or events beyond our control.
3. Use of the LexPhD Service
Create an account at LexPhD
You must create an account with LexPhD to use all or part of the LexPhD Service. Your
username/email and password are for personal use only and must be kept confidential.
You understand that you are responsible for all use (including any unauthorized use) of
your username and password. Please inform our Customer Service team immediately if
your username or password is lost or stolen, or if you believe there has been
unauthorized access to your account.
LexPhD may recover or require the user to change their username for any reason.
Rights to use the LexPhD Service
Access to LexPhD Services
Subject to your compliance with these Terms (including any other applicable terms and
conditions), we grant you limited, non-exclusive, revocable permission to make
personal, non-commercial use of the LexPhD Service and Content (collectively,
"Access").
This Access will remain in effect unless and until terminated by you or
LexPhD.
You agree not to redistribute or transfer the LexPhD Service.
LexPhD software applications and Content are licensed, not sold or transferred to you,
and LexPhD and its licensors retain ownership of all copies of LexPhD software
applications and Content, even after installation on your Devices .
LexPhD Proprietary Rights
The LexPhD Service and Content are the property of LexPhD. All trademarks, service
marks, trade names, logos, domain names and any other resources of the LexPhD brand
("LexPhD Brand Resources") are the exclusive property of Bonança e Perseverança,
Lda. These Terms do not grant you any rights from using any LexPhD branded feature,
whether for commercial or non-commercial use.
Payments and cancellation
Invoicing
The user can purchase a paid Subscription directly with LexPhD – Bonança e
Perseverança, Lda:
• paying a subscription fee in advance on a monthly basis or at some other recurring
interval disclosed to the user prior to purchase.
The Subscription being that the Subscription Plan for Companies and Legal
Professionals will cost €29.99 and the Subscription Plan for Law Firms will cost
€249.00.
Price Changes and Subscription
LexPhD may, from time to time, change the price of Paid Subscriptions, including
recurring subscription fees, and will communicate any price changes to you in advance
with reasonable notice. Price changes will take effect at the start of the next subscription
period after the date of the price change.
Under applicable law, by continuing to use the LexPhD Service after the price change
comes into force, you will have accepted the new price. If you do not agree to a price
change, you may reject it by canceling the applicable Paid Subscription before the price
change takes effect.
Subscription fees are based on the rates applicable at the time of monthly billing or
service renewal. These amounts may change over time based on local tax requirements
in your country, state, territory, or even city. Any tax changes will be applied
automatically based on the account information you provide.
Renewal and cancellation
Payment to LexPhD for the Paid Subscription will automatically renew at the end of the
applicable subscription period unless you cancel your Paid Subscription before the end
of the current subscription period. Please contact our Customer Support team here for
instructions on how to cancel. Cancellation will take effect on the day following the last
day of the current subscription period, and you will be reverted to the free version of the
LexPhD Service.
We do not provide refunds or credits for partial subscription periods
except as expressly stated in these Terms.
Right of return
If you sign up for a Trial, you agree that the right to return the paid Subscription for
which you are receiving a Trial ends 14 (fourteen) days after the start of the Trial. If you
do not cancel your Paid Subscription before the end of the Trial period, you will forfeit
your right to cancel and authorize LexPhD to automatically charge you the agreed price
every month until you cancel your Paid Subscription. For trials lasting less than 14
(fourteen) days, the user expressly agrees that we can provide the paid service
immediately after the end of the Trial and that, from that moment on, the user loses his
right.
If you purchase a paid Subscription without a Trial, you agree that you have 14
(fourteen) days after purchase to return it regardless of the reason and without having to
provide a justification and you must pay us for the services provided until such time as
the user informs us that changed his mind. You expressly consent to us providing the
service to you immediately upon purchase, which you forfeit your right to withdraw and
you authorize LexPhD to automatically charge you each month until you cancel.
User Guidelines
We have established guidelines for using the LexPhD Service to ensure that the LexPhD
Service remains enjoyable for everyone ("LexPhD User Guidelines"). When using the
LexPhD Service, you must comply with the LexPhD User Guidelines, as well as all
applicable laws, rules and regulations, and respect the intellectual property, privacy and
other rights of others.
Brand Accounts
If you create an account with LexPhD on behalf of a company, organization, entity or
brand (a "Brand" and a "Brand Account"), the terms "you" and "your" as used
throughout these Terms (including other LexPhD terms and conditions incorporated by
reference herein), apply to you and the Brand.
If you create a Brand Account, you expressly warrant that you are authorized to grant all
permissions and licenses provided in these Terms (including any other applicable
LexPhD terms and conditions) and to bind the Brand to these Terms.
4. Customer support, information, questions and complaints
For customer support with account and payment-related questions ("Customer Support
Inquiries"), please use the Customer Support resources listed in the About Us section of
our website.
If you have any questions about the LexPhD Service or these Terms (including any
additional LexPhD terms and conditions incorporated herein), please contact LexPhD
Customer Service in the About Us section of our website.
If you live in the European Union, you can also register a complaint on the online
platform for alternative dispute resolution (ODR platform). You can access the ODR
platform via the following link: https://ec.europa.eu/consumers/odr.
5. Problems and disputes
Suspend and terminate LexPhD Services
These Terms will continue to apply until terminated by you or LexPhD.
LexPhD may
terminate these Terms (including any additional terms and conditions incorporated
herein) or suspend your access to the LexPhD Service at any time if we believe that you
have violated any of these Terms, if we stop providing the LexPhD Service or any
material component thereof upon notice, or if we believe it is necessary to comply with
applicable law.
If you or LexPhD terminate these Terms, or if LexPhD suspends your
access to the Service, you agree that LexPhD, subject to applicable law, will have no
liability to you and (except as expressly provided in these Terms) LexPhD will not
refund any amounts you have already paid. The user may terminate these Terms at any
time, being prohibited from accessing or using the LexPhD Service after the incident.
To learn how to close your LexPhD account, use the Customer Support resources on our
About Us page.
Sections 3 (Your use of the LexPhD Service), 2 (The LexPhD Service provided by us),
5 (Issues and disputes), 6 (About these Terms), as well as any other sections of these
Terms that, whether expressly or by the nature of content, shall remain in effect even
after termination of these Terms.
Warranty Disclaimers
Bonança e Perseverança, Lda will provide the LexPhD Service with reasonable care and
skill and in accordance with any specification of the LexPhD Service provided by
LexPhD, however, subject to this, the LexPhD Service is provided "as is" and " as
available", without warranty of any kind, express, implied or legal. Furthermore,
LexPhD and all owners of the content (Bard, ChatGpt4 and Bing) disclaim any express,
implied and statutory warranties relating to the content, including warranties of
satisfactory quality, merchantability, fitness for a particular purpose or non-
infringement.
Neither LexPhD nor any content owner warrants that the Legal Service or
content is free of malware or other harmful components. No advice or information,
whether oral or written, obtained by you from LexPhD will create any warranty on
behalf of LexPhD.
LexPhD is not responsible and the user accepts all the information provided by the
platform as well as the contracts and procedural documents prepared by the platform, all
of which must be verified by a lawyer or through a “legal check”.
Subject to applicable law, you agree that your sole and exclusive remedy for any
problems or dissatisfaction with the LexPhD Service is to uninstall any LexPhD
software and stop using the LexPhD Service. You agree that LexPhD has no obligation
or liability arising from or relating to third party applications or the content thereof
made available by or in connection with the LexPhD Service, and although your
relationship with such third party applications may be governed by separate agreements
with such third parties, your sole and exclusive remedy, as with respect to LexPhD, for
any problems or dissatisfaction with any third party applications or their content, is to
uninstall or stop using such third party applications.
In no event will LexPhD, its officers, shareholders, employees, agents, directors,
subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for (1) any
indirect, special, incidental, punitive, exemplary or consequential damages; (2) any loss
of use, data, business or profits (direct or indirect), in all cases arising from the use of or
inability to use the LexPhD Service, devices, third-party applications or third-party
application content; or (3) aggregate liability for all claims relating to the LexPhD
Service, third-party applications, or third-party application content greater than the
greater of the amount paid by you to LexPhD during the twelve months preceding the
first claim.
For clarity, these Terms do not limit LexPhD's liability for fraud, fraudulent
misrepresentation, death or personal injury to the extent such limitation and for any
other liability that under applicable law cannot be limited or excluded.**
**Except to the extent such limitation is prohibited by law, any claim arising under
these terms must be commenced (by filing a demand for arbitration or filing an
individual action under the arbitration provision below) within one (1) year after the
date on which the plaintiff became aware or reasonably should have known of the act,
omission or fault giving rise to the claim; and there will be no right to any appeal for
any claim not asserted within that period.
Indemnity
You agree to indemnify and hold harmless LexPhD from and against all damages, direct
and foreseeable losses, and reasonable expenses (including reasonable attorneys' fees
and costs) applicable to LexPhD arising from or relating to: (1) your violation of any of
these Terms (including any additional LexPhD terms and conditions incorporated
herein); (2) any activity you engage in on or through the LexPhD Service; and (3) your
violation of any law or the rights of any third party.
Governing Law, Mandatory Arbitration and Venue
6.1 Applicable law/jurisdiction
Unless required by the laws in your country of residence, the Agreements (and any non-
contractual disputes/claims arising therefrom or related thereto) are subject to the laws
of the state or country listed below, without regard to choice or conflicts of law
principles.
Furthermore, you and LexPhD agree to the jurisdiction of the courts listed below to
resolve any dispute, claim or controversy arising in connection with the Contracts (and
any non-contractual disputes/claims arising from or related to them), except where,
under applicable laws applicable, you may choose to bring proceedings in your country
of residence or where we need to bring such proceedings only in your country of
residence.
Country or Region Choice of Law Jurisdiction
6. About these Terms
Under applicable law, you have certain rights that cannot be limited by a contract. These
terms are not intended to restrict those rights.
Additions
We may make changes to these Terms (including any additional LexPhD terms and
conditions incorporated by reference herein) from time to time by notifying you of such
changes by any reasonable means (before they become effective), including by posting
a revised Agreement on the LexPhD Service applicable (provided that for material
changes we will seek to supplement such notice by email, a pop-up message on the
Service or other means).
Such changes will not apply to any dispute between you and us
that arose prior to the date we posted the revised Terms, or other LexPhD terms and
conditions, incorporating such changes or otherwise notified you of such changes. Your
use of the LexPhD Service following any changes to these Terms will constitute your
acceptance of such changes. If you do not wish to continue using the LexPhD Service
after the Terms have been updated, you may terminate your account by contacting us.
The effective date set forth at the top of this document indicates when these Terms were
last modified.
Entire Content of the Contract
Other than as stated in this section or as explicitly agreed in writing between you and
LexPhD, these Terms constitute all terms and conditions agreed between you and
LexPhD and supersede any prior agreements with respect to the subject matter of these
Terms, whether written or oral. As noted above, other terms and conditions governing
use of the LexPhD Service are incorporated herein by reference, including the following
terms and conditions: the LexPhD Godmod Promotional Offer Terms; the LexPhD User
Guidelines; the LexPhD Copyright Policy.
Independence of clauses and exemption from liability
Unless otherwise stated in these Terms, if any provision of these Terms is held to be
invalid or unenforceable for any reason or to any extent, the remaining provisions of
these Terms will not be affected and enforcement of that provision will be enforced to
the fullest extent permitted by law.
