Terms and Conditions

The rules of the road for using our website and games.

Here you’ll find the terms that apply when using our website, services, and games. Nothing fancy — just the standard stuff to keep everything clear and fair for everyone.

Effective Date: November 8, 2024

Table of Contents

• 1. Introduction
• 2. Acceptance of Terms
  • 2.1 Agreement to Terms
  • 2.2 Acceptance Required
  • 2.3 Alternative Options
  • 2.4 Updates and Changes
• 3. Eligibility
  • 3.1 Age Requirements
  • 3.2 Account Registration
• 4. License and Usage Rights
  • 4.1 Limited License
  • 4.2 Restrictions
• 5. Virtual Items and Currency
  • 5.1 Virtual Content
  • 5.2 Purchases
• 6. User Content
  • 6.1 Ownership and License
  • 6.2 Content Rules
• 7. Conduct and Fair Play
  • 7.1 Prohibited Activities
  • 7.2 Penalties
• 8. Intellectual Property
  • 8.1 Ownership
  • 8.2 DMCA Compliance
• 9. Privacy and Data Protection
• 10. Disclaimers and Limitations
  • 10.1 Warranty Disclaimer
  • 10.2 Limitation of Liability
• 11. Termination
  • 11.1 Termination by Users
  • 11.2 Termination by Company
• 12. Changes to Terms
  • 12.1 Right to Modify Terms
  • 12.2 Notification of Changes
  • 12.3 Acceptance of Changes
  • 12.4 Explicit Consent for Material Changes
  • 12.5 Review of Terms
  • 12.6 Effective Date of Changes
  • 12.7 Binding Nature of Changes
  • 12.8 Contact Information for Changes
• 13. Governing Law and Jurisdiction
  • 13.1 Governing Law
  • 13.2 Jurisdiction
  • 13.3 Consumer Protection Rights for EU Users
  • 13.4 Legal Compliance
  • 13.5 Dispute Resolution
  • 13.6 International Considerations
  • 13.7 Updates to Governing Law and Jurisdiction
• 14. Miscellaneous
  • 14.1 Severability
  • 14.2 Assignment
  • 14.3 Force Majeure
• 15. Contact Information
• 16. Language

1. Introduction

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Constant Wave Technologies S.L. (“we,” “us,” “our,” or “Company”), governing your access to and use of our games, applications, websites, and related services (collectively, the “Services”). Constant Wave Technologies S.L. is a company registered in Spain with CIF: ESB19408350.

2. Acceptance of Terms

2.1 Agreement to Terms

By choosing to download, install, access, or utilize any of our Services, you are explicitly acknowledging that you have thoroughly read, fully understood, and unequivocally agree to be bound by the stipulations and conditions outlined in these Terms. These Terms form a comprehensive and legally binding agreement between you, the user, and Constant Wave Technologies S.L., the provider of these Services. It is imperative that you comprehend the full scope of this agreement, as it governs your interaction with our Services.

2.2 Acceptance Required

The privilege to access and utilize our Services is unequivocally dependent upon your explicit acceptance of and strict adherence to the comprehensive stipulations outlined in these Terms. It is of paramount importance that you engage in a thorough and meticulous review of these Terms in their entirety prior to any engagement with our Services. These Terms contain critical and substantial information that delineates your legal rights, the remedies available to you, and the obligations you are required to fulfill. A failure to comply with any aspect of these Terms may lead to serious consequences, including but not limited to the suspension or complete termination of your access to our Services.

2.3 Alternative Options

Should you find yourself in a position of disagreement with any segment or provision of these Terms, we fully acknowledge and respect your decision. In such circumstances, we courteously and respectfully request that you refrain from accessing or utilizing any of our Services. If you have any questions, require further clarification, or need additional information regarding these Terms, we strongly encourage you to reach out to us at legal@constantwave.tech before making any decisions about using our Services. Our dedicated team is readily available to address any inquiries or concerns you may have, ensuring that you are fully informed and comfortable with the Terms before proceeding.

2.4 Updates and Changes

We retain the right, at our sole discretion, to periodically update, revise, and amend these Terms to accurately reflect a variety of factors. These factors may include, but are not limited to, modifications or enhancements in the scope and nature of our Services, the necessity to comply with evolving legal or regulatory requirements, the implementation of security improvements designed to safeguard user data and privacy, and the consideration of user feedback along with the evolving needs of our community. These updates are indispensable to maintaining the relevance, accuracy, and effectiveness of our Terms. We are committed to ensuring that any changes are communicated clearly and effectively to our users, thereby keeping you informed and up-to-date with the latest terms governing your use of our Services.

3. Eligibility

3.1 Age Requirements

• Our Services are designed for users of all ages. However, if you are under 13 years old, you may use our Services only with verifiable parental consent. This means that if you are younger than 13 years old, you are not allowed to access or use our Services unless your parent or legal guardian has provided explicit and verifiable consent for you to do so. Verifiable parental consent may include methods such as providing a signed consent form, using a credit card for verification, or other legally acceptable methods to ensure that the consent is genuine.

• For users between 13 and 16 years old in the European Union, parental consent is required to use our Services. This means that if you are a resident of the European Union and are between the ages of 13 and 16, you must obtain parental or guardian consent before you can access or use our Services. The age requirement for parental consent may vary slightly depending on the specific regulations of the EU member state in which you reside, but it will not be lower than 13 years old.

• We do not collect personal information from children under 13 years of age. If we discover that we have inadvertently collected personal information from a child under 13, we will take immediate steps to delete such information from our records.

• If you are under 18 years old, we recommend that you have parental or legal guardian consent to use our Services. This ensures that your use of our Services is supervised and that your parent or guardian is aware of and agrees to your engagement with our platform.

3.2 Account Registration

When creating an account with Constant Wave Technologies S.L., you agree to adhere to the following responsibilities and obligations:

• Provide Accurate and Complete Information: You must ensure that all the information you provide during the account creation process is truthful, accurate, and complete. This includes, but is not limited to, your name, email address, date of birth, and any other required details. Providing false or misleading information is strictly prohibited and may result in the suspension or termination of your account.

• Maintain and Update Your Information: It is your responsibility to keep your account information up to date. This means promptly updating any changes to your personal details, such as a new email address or a change in your contact information. Keeping your information current ensures that we can communicate with you effectively and provide you with the best possible service.

• Keep Your Account Credentials Secure: You are responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You must take all necessary precautions to prevent unauthorized access to your account. This includes using a strong and unique password, not sharing your password with others, and logging out of your account when using a shared or public device.

• Not Share Your Account with Others: Your account is personal to you, and you are not permitted to share it with any other individual. Allowing others to access or use your account is a violation of these Terms and may result in the suspension or termination of your account. Each user must create their own account to access and use our Services.

• Be Responsible for All Activity Under Your Account: You are fully responsible for all actions and activities that occur under your account. This includes any purchases, communications, or interactions with our Services. If you become aware of any unauthorized use of your account or any other breach of security, you must notify us immediately at legal@constantwave.tech. We are not liable for any loss or damage arising from your failure to comply with these responsibilities.

4. License and Usage Rights

4.1 Limited License

We hereby grant you a limited, non-exclusive, non-transferable, and revocable license to engage with our Services under the following conditions:

• Download and Install Our Games: You are permitted to download and install our games on devices that are authorized for such use. This means that you can install our games on your personal devices, such as your smartphone, tablet, or computer, provided that these devices are compatible with our software and meet any system requirements specified by us.

• Use Our Services for Personal, Non-Commercial Purposes: You are allowed to use our Services solely for your personal enjoyment and entertainment. This license does not extend to any commercial activities, meaning you cannot use our Services to generate revenue, promote a business, or engage in any form of commercial enterprise. Your use of our Services should be for your own individual use and not for the benefit of any third party.

• Create and Share User Content Within Our Platforms: You have the right to create user-generated content, such as in-game modifications, customizations, or other creative works, and share this content within our platforms. This includes posting your content on our forums, sharing it with other users in-game, or using any other sharing features provided by our Services. However, this license is subject to our content guidelines and policies, and we reserve the right to remove or modify any user content that violates these guidelines or is otherwise deemed inappropriate.

4.2 Restrictions

You are strictly prohibited from engaging in the following activities:

• Copying, Modifying, or Distributing Our Games: You are not allowed to make copies of our games, alter any part of them, or distribute them in any form without our explicit permission. This includes but is not limited to duplicating game files, changing game code, or sharing modified versions of our games.

• Reverse Engineering or Decompiling Our Software: You must not attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our software. This means you cannot try to understand the underlying code structure or algorithms used in our games through any means.

• Creating Derivative Works: You are not permitted to create any derivative works based on our games. This includes developing new games, applications, or any other content that is derived from or inspired by our original games without our authorization.

• Removing Copyright Notices or Labels: You must not remove, alter, or obscure any copyright notices, trademarks, or other proprietary labels that are included in our games. These notices are there to protect our intellectual property rights and must remain intact.

• Using Our Services for Commercial Purposes Without Authorization: You are prohibited from using our Services for any commercial purposes unless you have obtained explicit authorization from us. This includes selling, renting, or leasing access to our games, or using our games to promote or advertise other products or services.

• Exploiting Bugs or Glitches: You must not exploit any bugs, glitches, or unintended features in our games to gain an unfair advantage or to disrupt the normal functioning of the game. If you discover any such issues, you should report them to us immediately.

• Using Unauthorized Third-Party Software or Cheats: You are not allowed to use any unauthorized third-party software, cheats, hacks, or other tools that modify or interfere with the normal operation of our games. This includes but is not limited to aimbots, wallhacks, speed hacks, or any other software that provides an unfair advantage or alters the game experience in any way.

5. Virtual Items and Currency

5.1 Virtual Content

• Virtual items and virtual currency that you acquire through our Services are provided to you under a limited license. This means that you are granted the right to use these virtual items and currency within the scope of our Services, but you do not own them. They are licensed to you, not sold, and remain the property of Constant Wave Technologies.
• These virtual items and currency do not have any real-world value. They cannot be exchanged for real money, goods, or other items of monetary value from us or any other party. You acknowledge that you have no property rights or ownership interest in any virtual items or currency.
• Virtual items and currency are non-transferable. You are not permitted to sell, trade, gift, or otherwise transfer them to any other person or account, whether within our Services or outside of them. Additionally, virtual items and currency are non-refundable, meaning that once they are acquired, you cannot return them for a refund or exchange.
• We reserve the right to modify, manage, control, or eliminate virtual items and currency at our sole discretion. This means that we may make changes to the virtual items and currency, including altering their features, functionality, or availability, or removing them entirely from our Services, at any time and without prior notice to you.

5.2 Purchases

• All purchases are final: Once you make a purchase, it is considered final and non-refundable. We do not offer refunds or exchanges for any virtual items or currency purchased through our Services.
• Pricing and availability subject to change: The prices and availability of virtual items and currency may change at any time without prior notice. We reserve the right to modify, discontinue, or remove any virtual items or currency from our Services at our discretion.
• Payment processing through authorized third parties: All payments for virtual items and currency are processed through authorized third-party payment processors. By making a purchase, you agree to comply with the terms and conditions of the respective payment processor.
• Parental permission required for minors: If you are a minor, you must obtain verifiable parental or legal guardian consent before making any purchases through our Services. We reserve the right to cancel or revoke any purchases made without proper consent.

6. User Content

6.1 Ownership and License

• Ownership of User Content: You retain full ownership of any user-generated content that you create and share within our Services. This means that you continue to hold all rights, titles, and interests in your content, including any intellectual property rights.
• License to Use Your Content: By creating and sharing your user content within our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, and display your content in any media or distribution methods now known or later developed. This license allows us to use your content for purposes such as promoting, improving, and providing our Services.
• Modification and Removal of Content: We reserve the right to modify, edit, or remove any user content at our sole discretion. This means that we may alter your content to fit our platform’s requirements, remove content that violates our guidelines, or take down content for any other reason we deem necessary. You acknowledge that we are not obligated to maintain or provide copies of your content, nor are we responsible for any loss or damage resulting from the removal or modification of your content.

6.2 Content Rules

You agree that you will not create, upload, post, or share any user content that:

• Illegal or Promotes Illegal Activities: Violates any applicable laws, regulations, or legal standards, or encourages or promotes any illegal activities, including but not limited to criminal acts, violence, or drug use.
• Infringing on Intellectual Property Rights: Infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or any other proprietary rights. This includes using someone else’s work without permission or proper attribution.
• Harmful, Abusive, or Discriminatory: Contains any harmful, abusive, threatening, harassing, defamatory, libelous, vulgar, obscene, or otherwise objectionable material. This also includes content that promotes discrimination, bigotry, racism, hatred, or harm against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
• False or Misleading: Spreads false, misleading, or deceptive information, including but not limited to fake news, hoaxes, or any content intended to misinform or deceive others.
• Spam or Unauthorized Advertising: Constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. This includes posting repetitive or irrelevant content to disrupt the normal flow of communication within our Services.

7. Conduct and Fair Play

7.1 Prohibited Activities

You are strictly prohibited from engaging in the following activities while using our Services:

• Cheating or Using Unauthorized Tools: You must not use any cheats, hacks, bots, or other unauthorized third-party software that modifies or interferes with the normal operation of our games. This includes, but is not limited to, aimbots, wallhacks, speed hacks, or any other software that provides an unfair advantage or alters the game experience in any way.

• Harassing or Abusing Other Users: You are not allowed to engage in any form of harassment, abuse, or bullying towards other users. This includes sending threatening, abusive, or offensive messages, stalking, or any other behavior that is intended to harm or intimidate others.

• Interfering with Game Operations: You must not interfere with the normal functioning of our games or Services. This includes actions such as disrupting servers, overloading systems, launching denial-of-service attacks, or any other activities that negatively impact the performance or availability of our Services.

• Creating Multiple Accounts: You are prohibited from creating multiple accounts for the purpose of gaining an unfair advantage, circumventing restrictions, or engaging in any activities that violate our Terms. Each user is allowed to have only one account unless explicitly authorized by us.

• Selling or Trading Accounts: You must not sell, trade, or transfer your account or any virtual items or currency associated with your account to another person. This includes offering to sell or trade accounts or virtual items for real money, goods, or other items of value.

• Using Exploits or Bugs: You are not allowed to exploit any bugs, glitches, or unintended features in our games to gain an unfair advantage or to disrupt the normal functioning of the game. If you discover any such issues, you should report them to us immediately and refrain from using them.

7.2 Penalties

If you violate any of the prohibited activities outlined above, you may face a range of penalties, including but not limited to:

• Warning: You may receive a warning from us, notifying you of the violation and instructing you to cease the prohibited activity immediately.

• Temporary Suspension: Your account may be temporarily suspended, preventing you from accessing our Services for a specified period. The duration of the suspension will depend on the severity of the violation.

• Permanent Account Termination: In cases of severe or repeated violations, your account may be permanently terminated, and you will no longer be able to access our Services. This action is taken at our sole discretion and is final.

• Loss of Virtual Items or Progress: You may lose access to any virtual items, currency, or progress associated with your account. This includes the forfeiture of any in-game achievements, levels, or other accomplishments.

• Legal Action: We reserve the right to take legal action against you if your actions result in significant harm to our Services, our users, or our company. This may include seeking damages, injunctions, or other legal remedies as appropriate.

8. Intellectual Property

8.1 Ownership

• Ownership of Games and Content: All games, including but not limited to software, graphics, designs, characters, storylines, and any other content provided through our Services, are the exclusive property of Constant Wave Technologies. This means that we hold all rights, titles, and interests in and to these games and content.
• Intellectual Property Rights Reserved: All trademarks, service marks, trade names, logos, and other distinctive brand features, as well as copyrights, patents, and any other intellectual property rights associated with our games and content, are reserved by Constant Wave Technologies. This reservation of rights means that we retain full control and ownership over our intellectual property.
• Restrictions on Use of Intellectual Property: Users are strictly prohibited from using, copying, distributing, modifying, or creating derivative works based on our intellectual property without obtaining explicit written permission from Constant Wave Technologies. Unauthorized use of our intellectual property is a violation of these Terms and may result in legal action.

8.2 DMCA Compliance

• Response to Copyright Infringement Notices: We take copyright infringement seriously and comply with the Digital Millennium Copyright Act (DMCA) procedures. If you believe that your copyrighted work has been used or copied in a way that constitutes copyright infringement and is accessible through our Services, you may notify our designated DMCA agent.
• DMCA Notice Requirements: To be effective, your notification must be in writing and include the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on our Services.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Designated DMCA Agent Contact Information: You can send your DMCA notice to our designated agent at the following address:
  • Email: dmca@constantwave.tech
  • Mail: Constant Wave Technologies, Attn: DMCA Agent, Calle Agustin de Foxa, 4, 2B, 28036 MADRID, SPAIN
• Action Upon Receipt of DMCA Notice: Upon receipt of a valid DMCA notice, we will promptly investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing material.

9. Privacy and Data Protection

Our commitment to your privacy is outlined in our Privacy Policy, which can be found at https://constantwave.tech/privacy-policy/. This policy explains how we collect, use, disclose, and protect your personal information when you use our Services. By using our Services, you agree to the collection and use of your information in accordance with our Privacy Policy. We encourage you to review the Privacy Policy to understand our practices and your rights regarding your personal data.

10. Disclaimers and Limitations

10.1 Warranty Disclaimer

Our Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties or representations of any kind, whether express or implied. This means that we do not guarantee that our Services will be uninterrupted, error-free, or free from viruses or other harmful components. We expressly disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade. You use our Services at your own risk, and we do not make any promises or guarantees about the accuracy, reliability, or completeness of the content or information provided through our Services.

10.2 Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our Services; (ii) any conduct or content of any third party on our Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from our Services; and (iv) unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for any claims arising out of or relating to these Terms or our Services is limited to the amount you have paid us for access to and use of our Services in the twelve (12) months preceding the date of the claim. In jurisdictions where limitations of liability for consequential or incidental damages are not allowed, our liability is limited to the maximum extent permitted by law. This limitation of liability is a fundamental element of the basis of the bargain between you and us, and it applies to all claims, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

11. Termination

11.1 Termination by Users

• As a user, you have the right to terminate your account with us at any time. This means that you can choose to stop using our Services and close your account whenever you wish, without needing to provide any specific reason for doing so. To terminate your account, you may need to follow the account termination process outlined in our support documentation or contact our customer support team for assistance.
• Please note that if you have purchased any content or services from us, we do not offer refunds for any paid content upon termination of your account. This policy applies regardless of the reason for termination, whether it is voluntary or due to dissatisfaction with our Services. We encourage you to review our refund policy and consider this before making any purchases.

11.2 Termination by Company

• We reserve the right to terminate or suspend your access to our Services if you violate any of the terms and conditions outlined in these Terms. This includes, but is not limited to, engaging in prohibited activities, breaching our code of conduct, or failing to comply with any applicable laws or regulations. Termination or suspension of access will be enforced to maintain the integrity and security of our Services and to protect the rights and interests of other users.
• In certain circumstances, we may terminate or suspend your access to our Services without prior notice. This means that we are not obligated to provide you with advance warning or an explanation before taking such action. Immediate termination or suspension may be necessary in cases of severe violations, potential harm to other users, or threats to the security of our platform.
• The decision to terminate or suspend your access to our Services is made at our sole discretion. This means that we have the authority to determine whether a violation has occurred and what actions are appropriate in response. Our decision will be based on our assessment of the situation and the need to uphold the terms and conditions of our Services. We strive to ensure that our actions are fair and justified, but we retain the ultimate authority in these matters.

  12. Changes to Terms

12.1 Right to Modify Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time, at our sole discretion. This means that we can make changes to the rules and guidelines that govern your use of our Services whenever we deem it necessary. These modifications may include, but are not limited to, changes in our policies, features, or functionalities of the Services.

12.2 Notification of Changes

When we make any changes to these Terms, we will provide you with notice of such changes through our Services. This notice may be delivered in various forms, including but not limited to, notifications within the Services, email communications, or updates posted on our website. The method of notification will be chosen based on the nature and significance of the changes.

12.3 Acceptance of Changes

Your continued use of our Services after we have provided notice of the changes will constitute your acceptance of the modified Terms. This means that if you continue to access or use our Services following the notification, you are agreeing to be bound by the updated Terms. It is your responsibility to review the changes and understand how they may affect your use of the Services.

12.4 Explicit Consent for Material Changes

For any material changes to these Terms, we will seek your explicit consent before implementing the changes. Material changes are those that significantly impact your rights or obligations under these Terms. We will provide clear instructions on how to provide your consent, which may include clicking an “I Agree” button or similar action. If you do not provide your explicit consent to the material changes, you may not be able to continue using certain features or functionalities of our Services.

12.5 Review of Terms

We encourage you to periodically review these Terms to stay informed about any updates or modifications. By staying informed, you can ensure that you are aware of your rights and obligations when using our Services. If you have any questions or concerns about the changes, please do not hesitate to contact us for clarification.

12.6 Effective Date of Changes

All changes to these Terms will become effective immediately upon posting the updated Terms on our website or within the Services, unless otherwise specified. The effective date of the changes will be clearly indicated at the beginning of the updated Terms document. It is important to note the effective date to understand when the new Terms apply to your use of the Services.

12.7 Binding Nature of Changes

The updated Terms will be binding on all users of our Services from the effective date of the changes. This means that all users, including those who may not have received direct notification, are subject to the updated Terms. By continuing to use our Services, you acknowledge and agree to be bound by the modified Terms.

12.8 Contact Information for Changes

If you have any questions, concerns, or require further information about the changes to these Terms, please contact us through the following means:

• Email: For general inquiries about the changes, please email us at legal@constantwave.tech. Our legal team will review your inquiry and respond as soon as possible.
• Data Protection Officer: For specific or sensitive matters related to the changes, you may contact our Data Protection Officer directly at dpo@constantwave.tech. Our Data Protection Officer is responsible for overseeing our compliance with relevant laws and regulations.

We are committed to ensuring that you are fully informed about any changes to these Terms and that your rights and interests are protected throughout the process.

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms and Conditions, as well as any disputes or claims arising out of or in connection with them, including their formation, validity, or termination, shall be governed by and construed in accordance with the laws of Spain. This means that the legal principles and regulations of Spain will be applied to interpret and enforce these Terms.

13.2 Jurisdiction

Any legal action or proceeding arising out of or related to these Terms and Conditions or your use of our Services shall be brought exclusively in the courts located in Madrid, Spain. This means that if you have any legal disputes or claims against us, you must file them in the appropriate courts in Madrid. By agreeing to these Terms, you consent to the jurisdiction of these courts and waive any objections to the inconvenience of this forum.

13.3 Consumer Protection Rights for EU Users

If you are a user located within the European Union, you retain any mandatory consumer protection rights that you are entitled to under the laws of your country of residence. This means that regardless of the governing law and jurisdiction clauses stated above, you will still benefit from any consumer protection rights provided by the laws of your home country. These rights are designed to ensure that you are treated fairly and that your interests are protected when using our Services.

13.4 Legal Compliance

We are committed to complying with all applicable laws and regulations, including those related to consumer protection, data privacy, and electronic commerce. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. This ensures that our Terms remain effective and that your rights are upheld even if certain provisions are deemed invalid.

13.5 Dispute Resolution

In the event of any dispute or claim arising out of or in connection with these Terms, we encourage you to first contact us directly to seek an amicable resolution. You can reach out to our legal team or Data Protection Officer using the contact information provided in these Terms. We will make every effort to address your concerns and resolve the issue in a fair and timely manner. If an amicable resolution cannot be reached, you may then proceed with legal action as outlined in the jurisdiction clause above.

13.6 International Considerations

For users located outside of Spain, please be aware that by using our Services, you may be subjecting yourself to the laws and jurisdiction of Spain. It is your responsibility to ensure that your use of our Services complies with the laws of your country of residence. If you have any questions or concerns about how these Terms apply to you, we recommend seeking legal advice to better understand your rights and obligations.

13.7 Updates to Governing Law and Jurisdiction

We reserve the right to update or modify the governing law and jurisdiction clauses in these Terms as necessary to reflect changes in legal requirements or our business practices. Any such updates will be communicated to you through the methods outlined in the “Changes to Terms” section of these Terms. It is important to review these updates to stay informed about any changes that may affect your use of our Services.

By agreeing to these Terms and Conditions, you acknowledge that you have read, understood, and accepted the governing law and jurisdiction provisions as outlined above. If you do not agree with these provisions, you should not use our Services.

14. Miscellaneous

14.1 Severability

In the event that any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms and Conditions. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall be interpreted and enforced as if the invalid, illegal, or unenforceable provision had never been included.

14.2 Assignment

We reserve the right to assign, transfer, or delegate any or all of our rights and obligations under these Terms and Conditions to any third party at our sole discretion, without any notice or consent required from you. This means that we may transfer our contractual rights and responsibilities to another entity, such as in the case of a merger, acquisition, or sale of assets. On the other hand, you, as a user of our Services, are not permitted to assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment, transfer, or delegation by you without such consent shall be null and void and of no legal effect.

14.3 Force Majeure

We shall not be held liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control. These events include, but are not limited to, natural disasters, acts of God, war, terrorism, civil unrest, government actions, labor strikes, pandemics, and any other unforeseen circumstances that prevent us from fulfilling our obligations. In such cases, our obligations will be suspended for the duration of the event, and we will make reasonable efforts to resume performance as soon as possible.

15. Contact Information

Constant Wave Technologies S.L. Calle Agustin de Foxa, 4 2B 28036 MADRID SPAIN Email: legal@constantwave.tech

CIF: ESB19408350

16. Language

• These Terms are available in multiple languages
• English version prevails in conflicts
• Local translations provided for convenience

Last Updated: November 8, 2024