TERMS & CONDITIONS

1. Introduction and Agreement Acceptance

By accessing, using, enrolling, or participating in the services, products, mentorship, advice, guidance, training, consulting, coaching, or any other offerings (collectively “Services”) provided by ELKEN (“Company,” “we,” “our,” or “us”), you (“Client,” “customer,” “user,” “participant,” “subscriber,” or “you”) agree to be legally bound by all terms, policies, conditions, disclaimers, provisions, and limitations set forth in this Terms of Service Agreement (the “Agreement”). Your acceptance of this Agreement and its accompanying policies is indicated through payment, engagement, access, or otherwise commencing participation in any Services offered by ELKEN. Non-compliance with any portion of this Agreement is grounds for immediate suspension or termination of Services, without prior notice, refund, or further obligation to the Client.

2. Scope of Services and Modifications

ELKEN provides a diverse range of Services, including but not limited to mentorship, business consulting, professional coaching, problem-solving guidance, advisory sessions, strategic development, and various support services for entrepreneurial and business development purposes. ELKEN retains the exclusive right to alter, modify, expand, reduce, or entirely discontinue any part of the Services offered, including but not limited to changing program terms, scheduling, curriculum, content, methodologies, and associated resources, at its sole discretion, without prior notice or compensation to Client. By agreeing to these terms, Client acknowledges ELKEN’s autonomy in making any necessary or optional adjustments to the Services provided and waives any claim for damages, compensation, or reimbursement related to such modifications.

3. Governing Law and Jurisdiction

This Agreement is governed by, and shall be construed according to, the applicable laws of Sweden, United Arab Emirates (Dubai), Bosnia and Herzegovina, and any recognized international jurisdiction or arbitration principles where deemed applicable by ELKEN. ELKEN reserves the exclusive right to determine which jurisdiction’s legal system shall preside over disputes arising under this Agreement, and Client agrees to submit to the selected jurisdiction for any arbitration, mediation, or legal proceedings, irrespective of geographic location.

4. Payment, Fees, and Currency

Payment Terms and Obligations: All payments must be received in USD and must be processed through the designated payment platforms, such as Stripe, or any other method chosen at ELKEN’s discretion. Payment obligations are deemed final and non-refundable except as stipulated under specific refund conditions at ELKEN’s exclusive discretion.

Fee Adjustments and Service Changes: ELKEN retains absolute authority to adjust, alter, or amend fee structures, payment methods, subscription models, service add-ons, and other financial terms related to Services. Client acknowledges and agrees that any and all payments, fees, charges, or financial obligations associated with the Services are fully non-refundable and irrevocable, except as allowed under the limited refund conditions further detailed in this Agreement.

Late Payments and Failure to Pay: Failure to make timely payments may result in immediate suspension or termination of access to the Services. ELKEN may also pursue collection activities as permitted by applicable law.

5. Limited Money-Back Guarantee and Refund Policy

Discretionary Refunds Only: ELKEN, at its exclusive and unreserved discretion, may grant a refund under conditions where it determines, based on internal criteria, that an adequate level of service has not been delivered. This discretionary refund is not a guarantee and shall not create any expectation or obligation for future refunds for any Client.

Non-Eligibility for Refunds: Client acknowledges that the completion of payment constitutes a full waiver of any right to refund requests, chargebacks, or other forms of reimbursement claims. Refunds are strictly at ELKEN’s discretion, with no obligation or assurance provided to any client for a refund except as deemed appropriate solely by ELKEN.

Display of Money-Back Guarantee: While promotional materials or websites may indicate a “Money-Back Guarantee,” this designation is for promotional purposes only and is strictly controlled by the terms set forth in this Agreement, as authorized solely by ELKEN.

6. Limitation of Liability

No Warranties on Results or Outcomes: ELKEN makes no guarantees, warranties, representations, or assurances regarding the results, outcomes, improvements, financial gains, or success of any Client utilizing the Services. The Client bears full responsibility for any decisions, actions, or outcomes based on advice or guidance provided by ELKEN, and ELKEN disclaims any liability for incidental, consequential, or indirect damages arising from the use or misuse of Services.

Liability Cap: ELKEN’s maximum liability to any Client shall not, under any circumstances, exceed the total amount paid by the Client for Services rendered. This limitation shall apply to all claims, regardless of the cause of action, whether based in contract, tort, or other legal theory.

7. Intellectual Property Rights and Usage Limitations

All materials, resources, content, tools, documents, guides, templates, strategies, programs, and intellectual property provided by ELKEN are the sole and exclusive property of ELKEN and are protected by applicable intellectual property laws. Client is prohibited from reproducing, sharing, distributing, or otherwise using any proprietary material provided by ELKEN for purposes outside the scope of this Agreement without express written permission from ELKEN.

8. Confidentiality and Non-Disclosure Obligations

Both parties agree to maintain confidentiality with respect to all proprietary, sensitive, or privileged information shared during the term of this Agreement. Client is expressly forbidden from disclosing, distributing, or otherwise sharing any confidential information obtained through ELKEN’s Services to third parties unless required by law or expressly permitted by ELKEN in writing. Violation of confidentiality terms shall constitute grounds for immediate legal recourse by ELKEN, including but not limited to injunctive relief.

9. Termination of Services by ELKEN

Right to Terminate: ELKEN reserves the absolute right to terminate, discontinue, or revoke access to Services for any Client at any time, with or without cause, notice, or refund. Termination may be enacted unilaterally by ELKEN if it determines that Client has violated any portion of this Agreement, engaged in behavior detrimental to ELKEN’s interests, or otherwise acted contrary to the principles and standards of the Services provided.

Client Termination and Non-Refund Clause: Should Client choose to terminate their participation, services, subscription, or involvement with ELKEN at any time, no refunds, credits, prorations, or reimbursements will be issued. ELKEN’s decision to grant or deny any refunds under such circumstances remains solely within its discretion.

10. Compliance with International, Import, and Export Controls

Client agrees to comply fully with all applicable laws, regulations, and sanctions concerning import and export control laws, trade embargoes, and other international compliance regulations. ELKEN reserves the right to deny access to its Services to individuals or entities located in regions subject to trade restrictions, sanctions, or prohibitions imposed by international regulatory bodies.

11. Indemnity

Client agrees to indemnify, defend, and hold harmless ELKEN, its affiliates, officers, employees, contractors, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from or related to: (a) Client’s misuse of Services, (b) Client’s violation of this Agreement, or (c) any third-party claims due to Client’s actions or omissions.

12. Non-Solicitation

For a period of [12 months] following termination of this Agreement, Client agrees not to solicit, hire, or engage any ELKEN employees, contractors, representatives, or agents directly or indirectly without ELKEN’s express written consent.

13. Force Majeure

ELKEN shall not be liable for any failure or delay in the performance of its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government restrictions, strikes, or failure of utility or telecommunications providers.

14. Amendments and Modifications to Terms

ELKEN reserves the exclusive right to modify, amend, or revise this Agreement, including but not limited to all terms, policies, procedures, and guidelines, at any time, with or without prior notice. Client agrees that continued engagement with the Services following any modifications to the Agreement constitutes acceptance of all revised terms. ELKEN is under no obligation to individually notify each Client of changes; all updates will be reflected in the latest version of this Agreement.

15. Dispute Resolution and Arbitration

Jurisdiction Selection for Arbitration: In the event of any disputes arising from this Agreement, ELKEN retains sole authority to select the applicable jurisdiction, which may include Sweden, UAE (Dubai), Bosnia and Herzegovina, or any internationally recognized arbitration body. Client agrees to submit to the chosen jurisdiction for arbitration proceedings and waives any right to contest jurisdiction.

Arbitration Process: Arbitration shall be the preferred method for dispute resolution. By accepting this Agreement, Client waives the right to pursue claims in any court of law except as allowed by arbitration.

16. Final Acceptance and Acknowledgment of Terms

By engaging in ELKEN’s Services, Client affirms that they have read, understood, and accepted all terms, conditions, limitations, obligations, and disclaimers contained within this Agreement, regardless of the extent of review**, regardless of the extent of review, and fully accepts its binding nature.**

Terms & Conditions