The following agreement outlines your obligations when using the ElanWave website available at https://www.elanwave.com/, or any other websites of ElanWave or its subsidiaries. The Site is owned and operated by ElanWave and is accessed by you under the terms of use described below (“Terms and Conditions). Please read these terms carefully before accessing or using the Site or any content on the Site. By accessing the Site or any content on it, you agree to become bound by these Terms and Conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services on the Site. ElanWave acceptance is expressly conditioned upon your assent to all of these Terms and Conditions, to the exclusion of all other terms; if these Terms and Conditions are considered an offer by ElanWave, acceptance is expressly limited to these terms.  

The following Terms and Conditions together with our Privacy Policy and Cookie Policy, constitute a legally binding Agreement applicable to you as a User, once you access or use our Website. For more information on how we process your personal data, please see our Privacy Policy and Cookie Policy.  

These Terms and Conditions apply only to the use of our Website. The use of other ElanWave products/services is governed by separate policies and not by this Agreement. 
  

2. DEFINITIONS 
 

In the Agreement, the listed terms will have the following meaning: 

3. MODIFICATIONS OF WEBSITE OR TERMS AND CONDITIONS 
 

ElanWave reserves the right, at its sole discretion, to modify, update or replace the Website or Terms and Conditions at any time. The changes may include amending the content, discontinuing, or withdrawing any part of the Website. Therefore, in those situations, our Website may be temporarily unavailable for use.  

If the alterations constitute a material change to the Terms and Conditions, Privacy Policy or Cookie Policy, ElanWave will notify you by posting a prior announcement on the Website. What constitutes a “material change” will be determined at ElanWave’s sole discretion, in good faith and using common sense and reasonable judgment. Any other changes (not material changes) shall enter into force upon being published on our Website. 

You are responsible for reviewing and becoming familiar with any such modifications. Use of the Website by you following the prior period after notification regarding material changes or use of the Website by you after non-material changes were implemented constitutes your acceptance of the terms and conditions of the Agreement as modified.  
  
 

4. CONTENT OWNERSHIP AND USAGE RIGHTS  
 

ElanWave shall retain all worldwide rights in the intellectual property of the Site and any content on the Site, including, but not limited to, text, images, audio/video clips, trademarks, logos, the “look and feel” of the Site, its color combinations, button icons, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by ElanWave, or a third party who licensed the right to use such content to ElanWave. Unless otherwise expressly noted, nothing that you read or see on the Site or other site content, or any of the source code or HTML code that ElanWave uses to generate the Site may be, entirely or partially, copied, reproduced, modified, distributed, transmitted, republished, displayed, downloaded or performed for commercial use without the prior written consent of ElanWave, except as provided in Terms and Conditions, or otherwise permitted by relevant law.  
  
Any unauthorized use, without our permission, shall be deemed an infringement of intellectual property rights, and we shall take all legal remedies to protect our intellectual property rights immediately upon the knowledge of such infringement.  

We reserve any and all intellectual property rights not expressly granted in these Terms and Conditions or Privacy Policy.  

5. INDEMNITY  
 

You will indemnify and hold harmless ElanWave, its parents, subsidiaries, affiliates, customers, vendors, representatives, officers agents, contractors, and employees from any liability, damage, or cost (including reasonable attorneys. fees, and cost) from any claim or demand made by any third party due to or arising out of your access to or use of the Site or any content on the Site, violation of the Terms and Conditions or third-party terms by you, or the infringement by you of any intellectual property or other right of any person or entity.  
  
 

6. WARRANTY DISCLAIMERS  
 

Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, ElanWave makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, performance, completeness or fitness for a particular purpose of that information and assumes no responsibility for any errors or omissions therein. User accesses this site at their own risk. The Site and all content on the Site are provided on an “as is, as available” basis for informational purposes only, without warranty of any kind, and  ElanWave does not guarantee that the Site or any information and content on it will be uninterrupted or error-free or that any existing irregularities will be rectified. Neither ElanWave nor its affiliates, employees, agents, or third-party content providers shall be liable for any loss resulting from the use or unavailability of information or content on this Site, including but not limited to any lost profits, loss, or damage to data, loss of commercial or business opportunity, or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages. This disclaimer applies to any damage or injury resulting from negligence or omission of ElanWave, computer virus or other similar items, telecommunication errors, or unauthorized access to or use of user information through theft or any other means. ElanWave is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site. In no event will ElanWave or any of its affiliates, agents, employees, assigns or third-party content providers be held liable for any tortious or illegal conduct of other users. In no event will ElanWave or any of its affiliates, agents, employees, or assigns be held liable for any damage to computer programs, data, equipment, hardware, or other property of the user or personal injury that arises in connection with the use of the Site.  
  
 

7. THIRD-PARTY WEBSITES AND LINKING AND FRAMING  
 

Our Website may contain links to Third-Party Websites. Third-Party Websites have their own terms of use and privacy policies, which may differ significantly from those applicable to our Website. We have no control over Third-Party Websites and we do not carry any responsibility neither for the availability of those websites nor for the terms of use and privacy policies applicable to their visitors and users.  

We do not carry responsibility for any information originating from another service provider accessed through the link on our Website.  

The fact that the links to Third-Party Websites are placed on our Website does not in any way imply that we recommend or approve services or products offered through such websites. 

ElanWave does not object to links on third-party sites to the homepage of the Site in an appropriate context. However, “framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of ElanWave. The Site may provide links to other sites or resources available on the Internet. Because ElanWave has no control over such sites and resources, you acknowledge and agree that ElanWave is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ElanWave shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.  
  
 

8. NAME, TRADEMARKS AND LOGO  
 

The company name, trademarks, graphics, logos, designs, page headers, button icons, scripts, and other product and service names are the sole ownership of ElanWave and ElanWave reserves the right to prohibit its use by any third party. Our logo, trademarks and trade names may not be used, including but not limited to as part of trademarks and/or as part of domain names, in connection with any product or service in any manner, unless such use is explicitly permitted by the Agreement.  

 
Except as expressly provided in these Terms and Conditions, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, web site or other media for publication or distribution or any commercial enterprise, without ElanWave’s express prior written consent.  
  
 

9. SECURITY  
 

Users are prohibited from violating or attempting to violate the security of the site. ElanWave will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.  

10. TERMINATION 

In case you engage in any conduct or activities that are identified by ElanWave (at its sole discretion) as a violation of these Terms and Conditions or the rights of ElanWave or third parties, or otherwise inappropriate, ElanWave may deny you access to all or any part of Website and terminate this Agreement. 

11. SEVERABILITY AND ENTIRE AGREEMENT 

Severability 

If any provision of the Agreement is found to be invalid by any court having competent jurisdiction, that shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.  

In case any provision of this Agreement violates any mandatory rule of the applicable law, resulting in such a provision being void, such provision shall be deemed to have been amended, in that particular respect in which it is void so that it is compliant with the law. Such amendments shall retain as much of their original meaning as possible, and their extent shall be limited to the minimum necessary to make the Agreement valid. 

Entire agreement 

This Agreement, including all the eventual amendments, represents the entire agreement between you and ElanWave with respect to the subject matter hereof i.e. the use of our Website, and it shall supersede all prior written or oral understandings and agreements between you and ElanWave.  

In case of a disagreement between the provisions of this Agreement and any understanding, statement, representation, information, content available on our Website, or other data contained in any other material and correspondence between you and ElanWave, this Agreement shall prevail.  

12. APPLICABLE LAW AND DISPUTE RESOLUTION 

Users of this Site are responsible for compliance with all applicable regulations and laws.  

This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed and enforced in accordance with the laws of the Republic of Serbia, notwithstanding any conflicts of law principles.  

Any dispute arising from or due to this Agreement you and ElanWave will try to solve amicably. If the parties cannot resolve a dispute amicably, any action relating to the Agreement must be filed and maintained in a court of the Republic of Serbia, and users consent to exclusive jurisdiction and venue in such courts for such purpose. 

 Notwithstanding the provisions above, ElanWave may, at its absolute discretion, assert and seek the protection of its intellectual property rights anywhere in the world. 

13. MISCELLANEOUS  

The Terms and Conditions constitute the entire agreement between users of the Site and ElanWave regarding the subject matter hereof. If you breach any term of the Terms and Conditions, ElanWave may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. ElanWave’s remedies are cumulative and not exclusive. Failure of ElanWave to exercise any remedy or enforce any portion of the Terms and Conditions at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.  

14. REACH OUT TO US 

In case you have a question regarding our Website or you require assistance on a specific matter related to our Website, please contact us via our general contact email address: info@elanwave.com or via the contact form on the Website.  

Click here to download a copy of our Terms and Conditions, currently in force.