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Limitation of Liability & Indemnification

Last updated: 2025-01-01
·By Platform Admin

LIMITATION OF LIABILITY AND INDEMNIFICATION

EFFECTIVE DATE: January 1, 2025

1. LIMITATION OF LIABILITY

1.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM OWNER SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, goodwill, or business opportunities
  • Damages arising from reliance on platform output or services
  • Service interruptions, delays, or errors
  • Unauthorized access to your account or data
  • Third-party service failures
  • Force majeure events

1.2 IN JURISDICTIONS THAT DO NOT PERMIT COMPLETE EXCLUSION OF LIABILITY, THE PLATFORM OWNER'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF:

  • The total fees paid by the user in the 3 months preceding the event giving rise to the claim, OR
  • One hundred dollars (USD $100) or equivalent in applicable currency

2. USER DECISIONS

2.1 Users are solely responsible for decisions made based on platform content or outputs.

2.2 The Platform Owner is not liable for financial losses, business failures, or negative outcomes resulting from user reliance on platform-generated content.

3. INDEMNIFICATION

3.1 You agree to indemnify, defend, and hold harmless the Platform Owner, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • Your use or misuse of the platform
  • Your violation of this Agreement or any platform policy
  • Your violation of any third party's rights
  • Your violation of any applicable law or regulation
  • Any content you submit, post, or transmit through the platform
  • Any unauthorized use of your account

3.2 The Platform Owner reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

4. ESSENTIAL BASIS

The limitations and exclusions in this section reflect a reasonable allocation of risk between you and the Platform Owner and are an essential basis of the agreement between you. These limitations shall apply even if the Platform Owner has been advised of the possibility of such damages.

5. SURVIVAL

This section survives termination of your account and your use of the platform.

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