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Liability & Indemnity
Other than liability that we cannot limit or exclude by law, we limit all liability to you in connection with our services (including in contract, tort, negligence or otherwise) as follows:
- We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
- For loss or corruption of your data, our liability will be limited to taking commercially-reasonable steps to try and recover that data from our available backups.
- Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
Our services and any third-party services are made available to you on an 'as-is' basis. We disclaim all warranties, express or implied, including any warranties that are express or implied, and any warranties of fitness for purpose, except for those that cannot be disclaimed by law.
You indemnify us against all losses, costs (including legal costs on the full indemnity basis), expenses, demands or liability that we incur arising out of or in connection with:
- Your breach of these Terms and Conditions;
- Any claim by a third party against us relating to your use of the services (except to the extend that we are at fault).
These Terms and Conditions do not exclude, restrict or modify any warranties, guarantees or other rights that are provided by law or cannot be excluded, restricted or modified. Those terms will still apply and these terms do not exclude, restrict or modify them.