Legal
Terms and conditions
1. Scope and Contracting Party
These Terms of Service ("Terms") apply to all services provided by LudusNovus LLC ("Provider") under the brand "Ludusnovus," in particular "The Business X-Ray" and "The Rope" and their German equivalents "Das Business-Röntgen" and "Die Seilschaft." They apply equally to the free services described in sections 2.1 and 2.2.
The Provider is a Limited Liability Company organized under the laws of the State of New Mexico, USA, with its principal place of business at 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA.
By placing an order, the client accepts these Terms. Deviating conditions of the client apply only if confirmed in writing by the Provider.
2. Description of Services
The Provider delivers marketing and sales strategy services for owner-led businesses. He measures the steps of the sales process from first contact to repeat purchase, finds the step where revenue is being lost, and carries out the fix. The specific scope depends on the format booked.
2.1 The First Call
The first call runs about thirty minutes, takes place over video or phone, and is free of charge. It serves to get acquainted and to form a first assessment. No advisory contract, no claim to an engagement, and no advisory liability arises from it. Anything said on the call rests on the information the client supplies and does not replace a diagnosis within the meaning of section 2.3.
2.2 The Twelve Leaks Worksheet
The Twelve Leaks Worksheet (German: Der Zwölf-Stellen-Bogen) is a free working sheet that the client receives in exchange for a first name and an email address. By requesting it, the client consents to receiving a short sequence of emails on the subject. Every one of those emails carries a one-click unsubscribe; once unsubscribed, the sequence ends.
The worksheet is intended for the client's own use inside their business. Passing it on for a fee, publishing it, or using it as part of the client's own paid offering requires the Provider's written consent. There is no claim to the continued availability of the worksheet or of the email sequence.
2.3 The Business X-Ray
The Business X-Ray is a sixty-day engagement in three phases:
- Find it (days 1 to 10). A joint numbers call, the entry of every step of the sales process into the Provider's template, and, at the end of the ten days, the finding on one page: every leak found, ranked by its monthly cost, and the measure for the costliest one.
- Fix it (weeks 2 to 6). The implementation of the one measure that seals the costliest leak. Further leaks from the finding that close in the same pass without a project of their own are closed at no additional fee; there is no entitlement to this, and the guarantee under section 6 does not extend to them. The Provider writes the copy this requires and runs the implementation; the client approves everything before it goes out.
- Lock it in (through day 60). Making the measure permanent, handing over the numbers cockpit — the single view of every step of the sales process with its figures — and two joint reviews, on day thirty and on day sixty.
In practice the client's own effort runs to about four hours across the sixty days. The guarantee under section 6 applies to the Business X-Ray. Instead of the fixed fee, the performance-based arrangement under section 7 may be agreed.
The Provider accepts no more than two Business X-Ray engagements per calendar month. A start date becomes binding only with the order confirmation under section 3.
2.4 The Rope
The Rope is a five-day format in the Alps with no more than eight participants. It covers:
- a preparatory one-on-one call of about an hour before any place is offered,
- five days in a house in the Alps, including lodging, meals and a mountain guide for everything in the terrain,
- the client's place in the circle with the other participants,
- the client's essence, set down in writing: what they can do at the core, how they do it, for whom, and at what price,
- an offer page built during the week by Frequenz-Prinzip and live by the last evening,
- the base camp: the group's monthly online circle afterwards, with no fixed term and no further fee.
Travel to and from the venue, personal equipment, and insurance are not included. Section 8 governs acceptance, cancellation, and participation in the terrain. The guarantee under section 6 does not apply to The Rope.
2.5 What These Terms Do Not Cover
The Provider does not deliver legal, tax, accounting, or therapeutic services, and does not provide mediation in the legal sense.
Building websites, positioning, and visibility is not part of the Business X-Ray. If the finding shows that something has to be built, Frequenz-Prinzip, a Ludusnovus brand, delivers that work as a separate engagement with its own agreement and its own invoice. The offer page named in section 2.4 is the exception: it is included in the fee for The Rope.
3. Formation of the Contract
After the first call, the Provider sends the client a written proposal stating scope, fee, and start date. The contract is formed when the client accepts that proposal in writing; email is sufficient. For The Rope, acceptance additionally requires the one-on-one call under section 2.4 and the Provider offering a place.
Where the written proposal departs from these Terms, the proposal governs.
4. Client Obligations
The client supplies all information, materials, and feedback the work requires, in good time and in full. This includes in particular:
- truthful figures on revenue, inquiries, closings, and costs, to the extent they exist,
- the access the measurement and the implementation require, such as to the ad account, the shop, the calendar, the website, and analytics services,
- attendance at the numbers call and at the reviews on day thirty and day sixty,
- approval of the copy and measures the Provider submits, within the deadlines recorded in writing before the start; where nothing is agreed, five business days apply,
- for The Rope: attendance at the one-on-one call and on all five days.
If the client withholds material information or knowingly provides false information, the finding may lose its force. In that case the guarantee under section 6 lapses.
5. Fees and Payment
5.1 Pricing
The prices published on the Provider's website at the time of the order confirmation apply:
- The Business X-Ray: USD 16,900 or CHF 14,900, depending on language version and the client's home currency.
- The Business X-Ray, performance-based: USD 8,900 or CHF 7,900 fixed, plus the performance share under section 7.
- The Rope: USD 8,900 or CHF 7,900.
- The first call and the Twelve Leaks Worksheet: free of charge.
5.2 Payment Terms
Unless the written proposal states otherwise:
The Business X-Ray: fifty percent of the fee is due on order confirmation and before the "find it" phase begins, the remaining fifty percent on delivery of the finding, and no later than day fifteen.
The Business X-Ray, performance-based: the fixed portion is due on order confirmation. The performance share is invoiced under section 7.
The Rope: the fee is due once the Provider has offered a place, and no later than fourteen calendar days before the first day. A place becomes binding only once payment is received.
Invoices are payable in full within ten calendar days.
5.3 Taxes
The Provider is a company based in the United States and invoices without value-added or sales tax. Where the client is a business established in the European Union, Switzerland, or the United Kingdom, the client accounts for any tax due there on the supply and remits it themselves. For that purpose the client supplies their VAT identification number, if they hold one.
5.4 Late Payment
In case of late payment, the Provider may suspend performance until payment is received in full. Scheduled dates are then moved by mutual agreement. The periods under section 6 are extended by the length of the suspension.
6. The Business X-Ray Guarantee
The Provider undertakes: if the sixty days do not produce at least USD 16,900 or CHF 14,900 in additional revenue, he keeps working for up to another sixty days at no further fee, until that figure is reached.
What counts as additional revenue. The benchmark is the average of the two full calendar months before the start. Anything the sixty days produce above that is additional revenue. With long buying cycles, binding written commitments and deposits received count toward it. How the measurement works in detail — which revenue is included and which source the figures come from — is recorded in writing before the start.
What the guarantee is and is not. The guarantee is performed by continued work. It creates no claim to a refund of the fee, no claim to damages, and no assurance of any particular business outcome beyond that continued work.
When the guarantee lapses. The guarantee lapses if the client switches off, alters, or fails to keep running the agreed measure, if the client does not grant access or approvals within the deadlines under section 4, or if the client withholds material information or knowingly provides false information.
The guarantee applies exclusively to the Business X-Ray at the fixed fee. It does not apply to the performance-based arrangement under section 7 or to The Rope.
7. The Performance Share
Instead of the fixed fee, the client may choose the performance-based arrangement. The client then pays USD 8,900 or CHF 7,900 fixed, plus one quarter of the additional revenue in the first one hundred and twenty days from the start.
Additional revenue is determined on the same benchmark as in section 6. The client provides the Provider with the figures required to invoice it. Invoicing takes place once, within fourteen calendar days of the end of the one hundred and twenty days; the amount is payable within ten calendar days of the invoice date.
The guarantee under section 6 does not apply to the performance-based arrangement, because the Provider already shares in the outcome.
8. The Rope: Places, Cancellation, and Participation in the Terrain
8.1 Places and Cancellation
Every place is preceded by the one-on-one call under section 2.4. If the Provider concludes in that call that The Rope is not the right fit, he says so, and the client pays nothing.
Once a place has been offered and payment received, there is no claim to a refund of the fee, including where the client cancels or does not attend. The Provider may transfer the place of a client prevented from attending for good cause to a later edition of The Rope; there is no entitlement to this.
If the Provider cancels The Rope — because too few participants come together, or for a reason under section 12 — the dates are moved by mutual agreement. Where no new date is possible, the fee is refunded in full. No further claims of the client arise, in particular none for travel or accommodation already booked.
8.2 Participation in the Terrain
Movement in the terrain — hiking, ski touring, or climbing, depending on the season and the group — is led by a mountain guide. The client follows the guide's instructions. The guide and the Provider may at any time exclude individual participants or the group from an outing, or break it off, where weather, conditions, or fitness require it; no claim to a reduction of the fee arises from this.
The client assesses their own physical condition and informs the Provider before the start of any limitation material to participation in the terrain. The client arranges their own adequate health, accident, mountain rescue, and trip cancellation cover.
Participation in outings in the terrain is at the client's own risk. Mountain sport carries risks that remain even under expert guidance. The Provider's liability is governed by section 11; the exceptions stated there for intent, gross negligence, and injury to life, body, or health apply here as well.
9. Confidentiality
Both parties treat all information obtained during the engagement as confidential and do not pass it to third parties. This applies in particular to figures, business strategies, personnel matters, and unpublished plans.
This obligation continues indefinitely beyond the end of the engagement.
For The Rope it applies between participants as well: what is said in the circle stays in the circle. The Provider binds every participant to this before the start.
The Provider may use fully anonymized insights from engagements — with no possibility of identifying the client — in publications, posts, and talks. Naming the client as a reference, or using their name, their mark, or a quote from them, requires their prior written consent.
10. Copyright and Usage Rights
Upon payment in full, usage rights to the results created for the client pass to the client: to the finding, to the numbers cockpit, to the copy written as part of the measure and, for The Rope, to the essence page and the offer page. The client receives the unrestricted right to use these, unlimited in time and territory. The numbers cockpit stays with the client after the engagement ends.
Not transferred are the Provider's underlying methods, templates, and heuristics, in particular the X-ray template. The Provider remains entitled to apply them in other engagements.
11. Limitation of Liability and No Guarantee of Outcome
The Provider delivers his services to the best of his knowledge and judgment, on the basis of his experience. Beyond the guarantee under section 6, he promises no particular business outcome — in particular no revenue increase of any given size, no improvement in competitive position, and no particular cash inflow.
The Provider's work does not replace advice from tax advisors, lawyers, auditors, or physicians. The client bears sole responsibility for the business decisions they take on the basis of this work, and for compliance with the rules that apply to them — in particular competition and data protection law — in every measure they approve.
The Provider's liability is — to the extent permitted by law — limited to the fee actually paid. This applies in particular to lost profits, revenue shortfalls, and other indirect damages.
This limitation does not apply to intent or gross negligence, or to damages arising from injury to life, body, or health.
12. Force Majeure
The Provider is not liable for delay or non-performance due to circumstances beyond his reasonable control, in particular natural events, weather and avalanche conditions, government measures, failures at third-party providers, and illness of the Provider or the mountain guide. Scheduled dates are then moved by mutual agreement; the periods under section 6 are extended accordingly. A refund is made only where no new date is possible.
13. No Right of Withdrawal for Business Clients
The Provider contracts exclusively with entrepreneurs, self-employed individuals, and legal entities, and the contract relates to their business or professional activity. There is therefore no right of withdrawal under consumer protection law.
The guarantee under section 6 is a voluntary undertaking by the Provider and does not replace a statutory right of withdrawal.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of New Mexico, USA, excluding its conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive jurisdiction is Albuquerque, New Mexico, USA.
For clients based in the EU or Switzerland: mandatory consumer protection provisions of the client's country of residence or registration remain unaffected to the extent they apply and the client actually qualifies as a consumer under the respective legal system.
15. Severability
Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid one.
16. Changes to These Terms
The Provider reserves the right to amend these Terms. For existing contractual relationships, the version in force at the time of the order confirmation applies.
This version dated 23 September 2026.
17. Contact
LudusNovus LLC
Marian van der Elst, Managing Member
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110, USA
Email: info@ludusnovus.com