ELKO Smart
DOWNLOADABLE MOBILE APPLICATION
TERMS OF USE
PREAMBLE:
The present prEamble forms an integral part of THESE TERMS OF USE.
ELKO AS
address : Sandstuveien 68, 0680 OSLO
TEL: +47 67807300
THESE TERMS OF USE GOVERN YOUR USE OF THE MOBILE application defined herein BELOW (HEREINAFTER “THE MOBILE APPLICATION”) PUBLISHED by ELKO (as hereinafter defined) AND MADE AVAILABLE FOR DOWNLOAD FROM mobile applications ONLINE storeS proprietary to ELKO or third-party mobile applicationS ONLINE stores officially AUTHORIZED by ELKO AS to make the mobile application available for download.
Name of the MOBILE APPLICATION: ELKO Smart
This Mobile Application is Your smart home assistant. It allows You to control and monitor Your home at anytime from anywhere. ELKO will provide the services to You (the “Services”) by realizing the following features:
Device settings & control:
The Mobile Application links with ELKO SmartHUB and merges lighting, curtain, AC, TV/AV control devices with switches, sensors and alarms, into ONE App. You will have control of all devices in Your home from the device control page on the Mobile Application. Other device settings can be changed from the Mobile Application, like back light brightness and controlling the dimmer range.
Moment setting & control:
• Moment: You can select all devices and assign a preset status. With a single click, all selected devices will go to the preset status.
Example: When You leave home, select the preset “Away” moment button to turn off all devices, when You get home select ‘Welcome’ to turn on devices, such a lights and AC.
• Automation: Other than moment, use the ELKO Smart App hands-free and set automations.
Example: when You open a door, lighting will automatically turn on, curtain will open, and AC will set to a comfortable temperature to welcome You home.
You don’t even need to touch Your mobile phone thanks to ELKO Smart sensors and the automation setting in the Mobile Application.
Push notification:
For some critical events like water detection by Your Water Leakage Sensor, You will get notified immediately and the notification will be recorded in the history of the Mobile Application.
Voice control:
The ELKO Smart system supports a variety of voice control devices like Amazon Alexa and Google Home. In the Mobile Application it has a detailed guide on how to set up the voice control between the Mobile Application and the voice control speaker.
Check “Settings More services” to start Your new smart home journey just by speaking.
Remote control:
With the Mobile Application You can easily control from wherever in the world You are.
Home management:
You can share the home settings with Your family members by adding their user accounts into the home You created.
INTEROPERABILITY OF THE MOBILE APPLICATION:
The Mobile Application is interoperable with the Smart Devices (including ELKO Smart Products of ELKO and other smart devices).
An internet connection, not supplied by ELKO, is necessary to the User to enable such interoperability.
The information on the type of mobile devices and operating systems on which the Mobile Application is compatible for use, is indicated on the mobile applications’ online stores that make the Mobile Application available for download.
1. ACCEPTANCE OF TERMS
BEFORE ACCESSING AND USING THE MOBILE APPLICATION, PLEASE READ CAREFULLY THESE TERMS OF USE AND CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR AGREEMENT TO BE BOUND BY THEM BY CLICKING ON THE APPROPRIATE BUTTON APPEARING ON YOUR SCREEN WITHIN THE DOWNLOAD OR INSTALLATION PROCESS OF THE MOBILE APPLICATION.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND TO BE BOUND BY THEM, CLICK THE APPROPRIATE BUTTON APPEARING ON YOUR SCREEN WITHIN THE DOWNLOAD OR INSTALLATION PROCESS OF THE MOBILE APPLICATION AND EXIT THE PAGE THAT MAKES THE MOBILE APPLICATION AVAILABLE FOR DOWNLOAD: THIS WILL AUTOMATICALLY ABORT THE DOWNLOAD OR INSTALLATION PROCESS. IF DESPITE THE FOREGOING, THE ENTIRE OR PART OF THE MOBILE APPLICATION HAS ALREADY BEEN DOWNLOADED AND/OR INSTALLED ON ANY OF YOUR DEVICES, YOU MUST IMMEDIATELY DELETE OR EXPUNGE THE MOBILE APPLICATION FROM ALL COMPUTERS, HARD DISKS, SERVERS, TABLETS, SMART PHONES OR OTHER MOBILE DEVICES ONTO WHICH YOU DOWNLOADED IT.
BY USING THE MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO theSE Terms OF USE AND THAT YOU AGREE TO BE BOUND BY THEM.
These Terms of Use FORM a legal agreement between the PERSON to which the Mobile Application has been made available for download, (hereinafter “You”), and ELKO. you GUARANTEE TO BE MAJOR AND TO HAVE THE legal authority to bind You and confirm Your acceptance of theSE Terms of Use.
THE LEGAL AGREEMENT FORMED BETWEEN YOU AND ELKO PURSUANT TO THESE TERMS OF USE, SHALL BE CONCLUDED AND ENTER INTO FORCE UPON YOUR ACCEPTANCE OF THESE TERMS OF USE.
THESE TERMS OF USE CAN BE CONSULTED AT ANY TIME IN THE SETTINGS OF THE MOBILE APPLICATION.
2. DEFINITIONS
For the purposes of these Terms of Use, the capitalized terms below shall have the meaning defined herein below:
“Affiliates”: means, with respect to ELKO, any corporation, company or other legal entity that is directly or indirectly (i) controlling ELKO, or (ii) controlled by ELKO, or (iii) under common control with, respectively, ELKO, and the term “control” shall, for the purpose of this definition, mean the direct or indirect control of at least 50% of the stock capital and/or of the voting rights.
“Authorized Users”: means any other person You authorize to access and make use of the Mobile Application.
“Contents”: means, this list not being limitative, the structure of the Mobile Application, its editorial contents, the drawings, the illustrations, the images, the photos, the trademarks, the logos, the initials, the company names, the audiovisual or multimedia works, the visual, audio or sound contents, as well as any other file or element present within the Mobile Application or otherwise forming part thereof.
“Intellectual Property Rights”: means any and all rights of any kind and any type arising under statute, regulation, ordinance, treaty, convention or otherwise, and including, without limitation any patents, utility models, moral rights, copyright and neighbouring rights, trademarks and trade dress rights, mask work rights, service marks, right in domain names, designs rights, rights in computer software, database rights, rights in confidential information (including but not limited to all rights in know-how and trade secrets) and any other intellectual property rights, in each case whether registered or not, including but not limited to applications and renewals, and all rights and forms of protection having equivalent or similar effect, recognized under the laws of each and every jurisdiction throughout the world.
“Mobile Application”: means the Mobile Application defined in the preamble hereof, that provides the functions described or referred to in these Terms of Use, as published and made available by ELKO or its Affiliates for download from mobile applications online stores proprietary to ELKO or officially authorized third-party mobile application online stores. A reference to the Mobile Application in these Terms of Use will be deemed to include a reference to the Contents, the software programs, the programming and navigation tools, the data bases, and any other structural components of the Mobile Application, as well as any updates and upgrades thereto that may be provided by ELKO.
“Personal Information”: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“ELKO”: means ELKO as designated hereinabove in these Terms of Use.
“You” or “the User”: means any person having the quality of consumer who downloads and makes use of the Mobile Application.
3. UPDATES OF THE MOBILE APPLICATION
ELKO may, at any time, update or upgrade the then current version of the Mobile Application so as to enhance current functionalities or to add new functionalities of the Mobile Application.
The User shall be informed of any update or upgrade to the material characteristics of the Mobile Application and may refuse such update or upgrade. Any such update or upgrade to the Mobile Application will be published by ELKO on the mobile applications’ online stores from which the Mobile Application can be downloaded. ELKO recommends that every User carefully review ELKO’s corporate website accessible at: http://elko.no or the mobile applications online stores that make the Mobile Application available for download.
4. REGISTRATION REQUIREMENTS
When creating Your user account, You agree (i) to create a unique password that You do not use with any other online product or service; (ii) to provide accurate, truthful, current and complete information; (iii) to promptly update upon any change the information provided to create Your user account; (iv) maintain the confidentiality and security of Your user account by protecting Your identification information and password and restricting access to Your user account; (v) promptly notify ELKO if You discover or otherwise suspect any security breach related to Your user account or any misuse thereof; (vi) in the case the Mobile Application is connected to a Smart Device, to delete Your User account when the Smart Device is no longer in Your possession or under Your control thereby allowing such Smart Device to be associated with a different user account, and (vii) to provide your consent to ELKO to collect, store and process your Personal Information in accordance with the Global Data Privacy Policy of ELKO and Data Protection Notice of the Mobile Application.
4.2. You may authorize Your Authorized Users to access to Your user account and make use of the Mobile Application for Your benefit and only for the purposes described in these Terms of Use, under your sole responsibility and to the extent permitted by law. You shall therefor be responsible to ensure these Terms of Use are made available in a legible manner to each of Your Authorized Users before any of them can log and make use of the Mobile Application. You shall be fully responsible to the extent permitted by law for the acts and omissions of Your Authorized Users or any other third party to whom You provide Your identification information and password, including for all activities that are made through the use of Your user account, and their compliance with these Terms of Use. ELKO will have the right to rely upon any information received from Your user account.
5. FINANCIAL CONDITIONS
The Mobile Application is free for download by the Users; this means that no license or other fee is payable by You to ELKO in order to download, access or use the Mobile Application.
Users shall solely bear the cost and expense of any toll charges related to or arising from such Users’ access and use of the Mobile Application through the use of internet or telephone services, including but not limited to any costs and expenses related to subscribing to any third-party service that allows access to mobile telecommunications and the internet and any cost and expense related to the upload or download of any data in or from the Mobile Application.
6. GRANT OF LICENSE
6.1. Subject to Your compliance with all of the terms and conditions contained in these Terms of Use, ELKO grants to You a non-exclusive, non-transferable, revocable, limited and non-assignable license right to use the Mobile Application in object code form (machine-readable) only, without the right to grant any sub-license thereof, for the purpose for which it is intended to be used to the exclusion of any other purpose, and subject to the terms and conditions contained in these Terms of Use.
6.2. The license to use the Mobile Application is granted to Users for the duration and in the geographies, which are made accessible or indicated on the mobile applications online stores’ webpage(s) that make the Mobile Application available for download. In the absence of restrictions set forth in these Terms of Use or on the mobile applications online store’s webpage(s) with respect to accessibility, duration or geographic territory, the license right to use the Mobile Application is granted to Users on perpetual (but subject to revocation as set forth herein) and worldwide basis.
6.3. The Mobile Application is available to the Users in object code (machine-readable) form only and under no circumstances is ELKO obligated to disclose or make available to Users the source code of the Mobile Application unless required by mandatory provisions of applicable law.
6.4. You may download and use the Mobile Application on more than one single mobile device if the Mobile Application is used on each of said devices under the same user account under which the Mobile Application is first downloaded.
6.5. These Terms of Use only give you some rights to use the Mobile Application and ELKO and its licensors reserve all other rights. You do not acquire any rights other than those expressly granted in these Terms of Use. You agree that You will use the Mobile Application only as expressly permitted in these Terms of Use. You agree that You will comply with any and all technical limitations in the Mobile Application that only allow You to use the Mobile Application in certain ways and that You will not, nor will You permit others to, circumvent such limitations.
6.6. If technological measures are designed to prevent unlicensed or illegal use of the Mobile Application, You agree that ELKO may use those measures to prevent unlicensed or illegal use of for any other legal business purpose and You agree to comply with any requirements regarding such technological measures. Such measures do not constitute a defect in the Mobile Application nor do they entitle You to any warranty rights.
6.7. These Terms of Use describe and govern Your right to download, install and use the Mobile Application.
6.8. These Terms of Use will also apply to You and shall remain fully enforceable between ELKO and You even if You obtained the right to access and use the Mobile Application from an authorized ELKO distributor or reseller or a certified ELKO partner.
7. TITLE AND TRADEMARKS
7.1. The Mobile Application, as well as all rights, title, interest, technology and know-how, whether patented or not, embodied in the Mobile Application, as well as all Intellectual Property Rights contained in, associated with or attached to the Mobile Application, including but not limited to copyrights, shall remain the sole property of ELKO, to the exclusion of any third-party software, platform and services embedded in or bundled with the Mobile Application or otherwise provided to You with the Mobile Application, including but not limited to the Tuya Smart Platform and intelligent life equipment management services provided by Hangzhou Tuya Technology Co., Ltd. (“Tuya”).
7.2. Nothing in these Terms of Use shall be deemed to convey to You any of ELKO’s proprietary rights in the Mobile Application; all rights not specifically granted in these Terms of Use are reserved by ELKO. ELKO does not sell the Mobile Application to You but only grants You the license rights defined in these Terms of Use.
7.3. All Intellectual Property Rights pertaining to any third-party software, platform and services embedded in the Mobile Application or otherwise provided to You with the Mobile Application shall remain vested in the relevant third-party and there will be no deemed or implied transfer of ownership to You of such third-party proprietary rights.
7.4. Should You become aware of any infringement to ELKO’s proprietary rights in the Mobile Application, You shall immediately inform ELKO of such infringement and provide all relevant information and reasonable cooperation requested by ELKO to defend its interests.
7.5. ELKO and other trademarks contained in the Mobile Application are registered trademarks of the Schneider Electric group. Except as otherwise expressly prescribed by mandatory provisions of applicable law, You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Mobile Application. These Terms of Use do not authorise You to use any names or trademarks of ELKO or any names or trademarks of ELKOs third-party licensors or authorised resellers.
8. RESTRICTIONS ON USE
8.1. You may only download, install, access, use and display the Mobile Application on the type of mobile devices and operating systems on which the Mobile Application is compatible for use as referred to in these Terms of Use, strictly in accordance with these Terms of Use and only for the specific purposes stated in these Terms of Use.
8.2. Furthermore, unless otherwise expressly required or authorized by statute, You will not nor will You permit others to:
(i) copy the Mobile Application except for backup purposes only in support of Your permitted use of the Mobile Application. Any such copy must include all copyright notices and any other proprietary legends present on the original Mobile Application. You may not sell, lease, license, rent or in other ways transfer any copy of the Mobile Application. If this Mobile Application contains a documentation that is provided only in electronic form or online, You may print one copy of such electronic documentation for each license acquired to the Mobile Application. If this Mobile Application contains a documentation that is provided in printed form, You may make one copy of such printed documentation for each license acquired for the Mobile Application;
(ii) modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise seek to reconstitute the source code of the Mobile Application, nor create derivative works from the Mobile Application. Further, in case of errors, bugs or defects of the Mobile Application, ELKO expressly reserves the right to correct such errors, bugs or defects to the extent permitted by law but is not obligated to make such correction;
(iii) sub-license, lease, outsource or rent the Mobile Application, or permit a third-party to use the Mobile Application for its or anyone else's benefit;
(iv) other than as expressly permitted in these Terms of Use, distribute in whole or part, modify, or create derivatives of, the Mobile Application or distribute applications created with the Mobile Application; or
(v) directly or indirectly, export, re-export, download, or ship the Mobile Application in violation of the laws and regulations of the jurisdiction in which You use or are downloading the Mobile Application.
8.3. The use of the Mobile Application is intended only for use with contents owned by You, public domain contents or properly licensed content. You may need a patent, copyright, or other license from a third-party to create, copy, download, record or save content files for use with the Mobile Application or to serve or distribute such files to be used with the Mobile Application; in such case, it is Your sole responsibility to obtain such license and you shall solely bear the cost and expense of obtaining such license.
8.4. You may not use the Mobile Application in an attempt to, or in conjunction with any device, program or service designed to, circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright or other laws of any jurisdiction.
8.5. You agree that You shall only use the Mobile Application in a manner that complies with all applicable laws in the jurisdictions in which You use or are downloading the Mobile Application, including, but not limited to, applicable restrictions concerning copyright and other Intellectual Property Rights.
9. PERSONAL INFORMATION PROTECTION
You are advised to check the privacy notices and privacy policies made available to you.
You are responsible for any third-party Personal Information that you upload, store, create, use, share, modify, delete or otherwise process during your use of the Mobile Application. You must comply with all applicable laws and regulations, obtain all required consents and make all required notifications in this respect.
10. WARRANTIES AND DISCLAIMERS OF WARRANTIES
10.1 ELKO warrants that it is entitled to license and otherwise make available THE MOBILE APPLICATION to You in accordance with the terms and conditions set out in THESE TERMS OF USE.
10.2 ELKO’s sole obligation and Your sole remedy with respect to the foregoing limited warranty shall be, at ELKO 's option, ELKO SHALL fix or provide a work-around to, ANY defect or non-compliance of THE MOBILE APPLICATION without charge to You, provided that (a) You give notice of the defect to ELKO, and (b) the defect does not fall under the exclusions set forth in Section 10.3 below.
10.3 ELKO’s warranty shall be excluded and ELKO shall have no warranty obligations to the extent THE MOBILE APPLICATION IS altered or fails to perform in any way as the result of A FAULTY OR NON-CONFORMING use, configuration or installation of the mobile application BY YOU, ANY PERSON UNDER YOUR CONTROL OR ANY AUTHORIZED USER, including but not limited to the use of THE MOBILE APPLICATION with any hardware, SOFTWARE, FIRMWARE, OPERATING SYSTEM OR SOLUTION NOT SUPPLIED, NOT RECOMMENDED OR NOT APPROVED BY ELKO TO BE useD with THE MOBILE APPLICATION, or the unauthorized maintenance of THE MOBILE APPLICATION.
10.4 ELKO’s warranty shall also be excluded in case of defect or non-compliance of THE MOBILE APPLICATION, to the extent such defect or non-compliance could have been prevented by making use of an update or upgrade to THE MOBILE APPLICATION that ELKO maDe available to You IN ANY MANNER WHATSOEVER.
10.5 TO THE EXTENT PERMITTED BY LAW, ELKO MAKES NO OTHER WARRANTY THAN THOSE CONTAINED IN THIS SECTION 10 AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MOBILE APPLICATION, THEIR UPDATES AND UPGRADES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WHILE ELKO HAS TAKEN REASONABLE STEPS TO ENSURE THE ACCURACY OF THE INFORMATION CONTAINED IN OR SHOWN BY THE MOBILE APPLICATION, ELKO MAKES NO WARRANTY AS TO WHETHER THE MOBILE APPLICATION OR ANY INFORMATION CONTAINED IN OR SHOWN BY THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR PURPOSES OR THAT THE OPERATION OF THE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
10.6 EXCEPT FOR THE WARRANTIES STATED UNDER THIS SECTION 10, ELKO SHALL NOT HAVE ANY OBLIGATION TO PROVIDE YOU WITH ANY MAINTENANCE, SUPPORT OR CORRECTION SERVICES IN CONNECTION WITH THE MOBILE APPLICATION OTHER THAN THOSE YOU AND ELKO MAY HAVE AGREED UPON BY WAY OF A SEPARATE AGREEMENT.
11. LIABILITIES
11.1 THE USE OF THE MOBILE APPLICATION SHALL BE UNDER YOUR SOLE RESPONSIBILITY.
11.2 YOUR download OR UPLOAD of any DATA FROM OR TO THE Mobile APPLICATION, YOUR crEation oR modifiATION OF ANY DATA IN CONNECTION WITH THE USE OF THE MOBILE APPLICATION SHALL BE YOUr SOLE RESPONSIBILITY, AS WELL AS ANY USE OF SUCH DATA BY YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF.
12. INDEMNIFICATION
12.1 You guarantee that You shall indemnify ELKO, its Affiliates and each of their respective officers, directors, employees, licensors, contractors, successors and assigns against any and all damages arising from or related to any of the following circumstances: (i) any breach by You of any of Your obligations under these Terms of Use; (ii) any failure by You to comply with any applicable law and/or regulation in connection with Your use of the Mobile Application, (iii) any use of the Mobile Application with any hardware, software, firmware, operating system or solution not supplied, not recommended or otherwise not approved by ELKO to be used with the Mobile Application; and/or (iv) any modification, alteration or maintenance of the Mobile Application by anyone other than ELKO without written approval of ELKO.
12.2 Subject to the provisions of Section 11, ELKO will defend and indemnify You against a third-party claim that the Mobile Application infringes any copyright enforceable in the jurisdiction where ELKO has its registered office or principal place of business, or misappropriates any trade secret protected under the laws of such jurisdiction (the “Included Jurisdiction”), provide that: (i) You notify ELKO of the claim in writing immediately upon the Your awareness of such claim; (ii) ELKO has sole authority and control of the defence of the claim and all related settlement negotiations; and (iii) You provide ELKO with the assistance, information and authority necessary in order for ELKO to handle the defence and settlement of such claim and perform its obligations under this Section 12.2. If the Mobile Application is held or believed by ELKO to constitute an infringement or misappropriation as per this Section 12.2, then ELKO will have the option, at its expense, to: (i) obtain for You a license to continue using the Mobile Application; (ii) replace or modify the Mobile Application to make it non-infringing; or (iii) if in ELKO’s sole discretion, it is not economically or commercially reasonable to perform either (i) or (ii) above then ELKO may terminate the license for the infringing Mobile Application and refund to You the license or other fee (if any) You paid to ELKO for the infringing Mobile Application. This Section 12.2 states Your sole and exclusive remedy and ELKO’s sole liability for any claim under this Section 12.2.
12.3 To the extent permitted by law, ELKO will not bear or owe You the warranty defined under Section 12.2. of these Terms of Use for any claim that arises out of or relates to: (i) any circumstance defined under Section 12.1, or (ii) Your use of the Mobile Application after You received the information from ELKO or any competent authority that the Mobile Application infringes any third-party’s Intellectual Property Right; or (viii) Your failure to use corrections or enhancements made available by ELKO.
13. THIRD-PARTY WEBSITES AND CONTENTS
In case the Mobile Application enables the User to indicate the web address of, to access to or to create a link providing access to, any third party’s website or third-party’s contents, products, services or information, the User shall, to the extent permitted by law, be responsible and bear all risks associated with the access and use of such third-parties’ websites and /or contents, products, services and information. ELKO does not control and is not responsible for such third-parties’ websites or any such third-parties’ contents, products, services and information accessible from or provided through such third-parties’ websites. Any access by the User to third-parties’ websites or any use it makes of third-parties’ contents, products, services or information through the User’s access and/or use of the Mobile Application shall be subject to said third-parties’ own terms of use or other legal document governing said third-party’s websites, contents, products, services or information.
14. ASSIGNMENT
Your rights and obligations under these Terms of Use may not be sold, sub-licensed, rented, assigned, delegated, transferred or otherwise conveyed by You or Your representatives without ELKO’s prior express written consent. The license granted to You under these Terms of Use is granted in consideration of Your person (“intuitu personae”). ELKO may assign its rights and obligations under these Terms of Use to any Affiliate or to any company ELKO may acquire control of or merge with. Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
15. TERM OF CONTRACT - TERMINATION
15.1 The legal agreement formed between You and ELKO pursuant to these Terms of Use, is a contract of indefinite duration which can be terminated by the parties as indicated of the present section 15 hereinbelow.
15.2 You may at any time uninstall the Mobile Application, without prior notice; such uninstallation will automatically and by right cause the termination of the legal agreement formed under these Terms of Use.
15.3 Either party may terminate the legal agreement formed under these Terms of Use in case the other party fails or breaches any of its contractual, legal or regulatory obligations in the frame of the performance of said legal agreement, or in case the other party infringes any Intellectual Property Rights when accessing or using the Mobile Application.
15.4 You undertake to cease using the Mobile Application immediately and by right upon the effective date of expiration or termination of the legal agreement formed under these Terms of Use, and to remove the Mobile Application from any device or medium on which You will have downloaded it. Upon ELKO’s demand, You will provide a written statement that You have taken the measures stated in the present section 15.4.
15.5 Termination by either party of the legal agreement formed under these Terms of Use shall not affect any right or claim that either party acquired before said termination.
16. MISCELLANEOUS
16.1 ELKO is an independent contractor. Each of You and ELKO agree that no partnership, joint venture, or agency relationship exists or is created by these Terms of Use between You and ELKO. Neither You nor ELKO is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of one another.
16.2 No third-party beneficiary relationship is created by these Terms of Use. These Terms of Use shall not be construed to confer any rights or remedies to any third-party.
16.3 These Terms of Use constitute the entire agreement between You and ELKO in relation to Your right to use the Mobile Application and replaces any previous agreement or understanding, whether oral, electronic or written, in relation to the same subject matter.
16.4 Should any provision of these Terms of Use be declared invalid or unenforceable by any competent jurisdiction and provided said invalidity or unenforceability does not void the legal agreement formed under these Terms of Use, all other provisions of these Terms of Use shall remain valid and in full force and effect.
16.5 Failure by either party to these Terms of Use to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by such party of any right to enforce these Terms of Use, nor shall any course of conduct between the parties or with any third-party be deemed to modify any provision of these Terms of Use.
16.6 All notices sent in pursuance of these Terms of Use shall be in writing. Notices of a general purpose related to the Mobile Application shall be given by ELKO on ELKO’s website, the online mobile application stores’ webpage(s) that make the Mobile Application available for download and/or through the Mobile Application itself. Notices specifically addressed to You shall be given by ELKO by electronic mail to the electronic address on record in the information You provided when downloading the Mobile Application or, when applicable, when creating Your user account. Any notice by the User to ELKO shall be in writing and sent by electronic mail to the electronic address or by registered letter to the address of ELKO’s registered office as respectively indicated on the first page of these Terms of Use.
16.7 Headings in these Terms of Use are just for ease of reference and will not affect its interpretation.
16.8 Words expressed in the singular include the plural and vice versa.
16.9 Section 7 “Title and trademarks”, Section 10 “Warranties and disclaimers of warranties”, Section 11 “Liabilities”, Section 12 “Indemnification”, Section 15 “Term of contract- Termination”, Section 16 “Miscellaneous” and Section 19 “Applicable Law and Disputes Resolution” of these Terms of Use shall survive termination of the contract formed between You and ELKO by these Terms of Use. Furthermore, provisions which by their nature are intended to survive termination of these Terms of Use, shall continue to produce their effects notwithstanding termination of these Terms of Use.
17. AMENDMENT TO THESE TERMS OF USE
ELKO may at any time update these Terms of Use to appropriately reflect our services and practices. Unless provided to the contrary by law, ELKO shall inform You through the Mobile Application before revising these Terms of Use and shall give you the opportunity to review and, as you may decide, to refuse the revised Terms of Use before it enters into force. Subject to the foregoing, You shall be bound by the revised Terms of Use by effect of your continued use of the Mobile Application after the revised Terms of Use enter into force.
18. COMPLAINTS BY THE USER
Any complaint from the User to ELKO in relation to the Mobile Application shall be sent to ELKO by electronic mail to the electronic address indicated on the first page of these Terms of Use. Such complaints shall be processed by ELKO as soon as possible.
19. APPLICABLE LAW AND DISPUTES RESOLUTION
19.1 These Terms of Use shall be governed by the laws of Norway, to the exclusion of its conflict of law rules. To the extent possible, ELKO and You agree that the United Nations Convention on the International Sale of Goods shall not apply to these Terms of Use.
17.2 Any dispute between You and ELKO arising out of or in connection with these Terms of Use and/or the Mobile Application, whether based on contract, warranty, tort (including negligence), strict liability, statute or otherwise, which cannot be amicably settled, shall in all cases be finally settled according to the law governing these Terms of Use as defined above, by Oslo District Court, Norway, to the exclusion of any other jurisdiction, including in case of plurality of defendants, injunction-like or emergency proceedings and appeal in warranty, without depriving You of the rights afforded under mandatory or public order laws or regulations (such as but not limited to consumers’ protection, electronic commerce and international private laws and regulations) applicable in the country where You will download, install or use the Mobile Application or You have your habitual and main residence.
17.3 You acknowledge and accept that ELKO will be irreparably damaged (and damages at law may be an inadequate remedy) if You breach any provision of these Terms of Use and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by You of these Terms of Use, ELKO shall be entitled, in addition to all other rights or remedies, to (i) an injunction or other injunctive relief restraining such breach, without being required to show any actual damage or to post an injunction or other bond; and/or (ii) a decree for specific performance of the applicable provision of these Terms of Use, to the extent permitted by applicable law in the country where ELKO has its registered office or principal place of business and/or, as relevant in the context, where You will access and/or use the Mobile Application, on both federal and state levels when applicable.
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