Terms of Service

# **Introduction** Please read on to learn the terms and conditions that govern your use of  Upsonic's website(s), products, services and software. If you have any questions or feedback regarding these terms, please contact us via email at: [email protected] By accessing or using the  Upsonic website(s) and any products, services and software provided by Upsonic and its subsidiaries (collectively referred to in these Terms of Service as the “ Upsonic Service”), you confirm that you are in agreement with and bound by the terms of Service contained in the Terms of Service outlined below. These terms apply to the  Upsonic Service and any email or other type of communication between you and Upsonic and its subsidiaries (referred to in these Terms of Service as " Upsonic”, “the Company”, "us", "we" or "our"). Under no circumstances shall  Upsonic be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the  Upsonic Service, even if  Upsonic or an authorized representative has been advised of the possibility of such damages. If your use of the  Upsonic Service results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Upsonic will not be responsible for any outcome that may occur during the course of usage of the Upsonic Service. We reserve the right to change prices and revise the resources usage policy at any moment. # **License** Upsonic grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use published software, and use the Upsonic website(s), strictly in accordance with the terms of this Agreement. These Terms of Service are a contract between you and Upsonic, the provider of the  Upsonic Service. You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use or subscribe to the  Upsonic Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account, cancel your subscription, or block access to your account without notice. # **Definitions and key terms** To help explain things as clearly as possible in these Terms of Service, every time any of these terms are referenced, are strictly defined as: - Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information. - Upsonic: when this policy mentions “Upsonic”, “the Company,” “we,” “us,” or “our,” it refers to Downsonic, 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM, and its subsidiaries. - Country: where Upsonic or the owners/founders of Upsonic are based, in this case is United Kingdom. - Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit upsonic.co and use the Upsonic Service. - Upsonic Service: Pertains to any websites, products, services, and software offered by Encoretivity AB, as described in the relevant terms (if available) and on this platform. - Paid Service(s): refers to any part of the Upsonic Service that is offered subject to payment of a fee. The fee can be both fixed or determined based on usage. - Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. - Website: upsonic.co's site, which can be accessed via this URL: [https:// Upsonic.co](https://upsonic.co/) and any subdomains. - You: a person, company, or entity that is registered with Upsonic to use the Upsonic Service. - Online Order Form: a checkout, payment, or registration page for signing up to the Upsonic Service. - Initial Service Term: the subscription duration as displayed on the Online Order Form. # **Using the Upsonic Service** In order to use the Upsonic Service, you may be required to sign up for an account, select a password and username, and provide us with certain information or data, such as your contact information. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not use another person’s name or data with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. Additionally, you may be able to access the  Upsonic Service by using your account credentials from other services (each, a “Third Party Account”), such as those offered by GitHub, Google, and others. By using the Upsonic Service through a Third Party Account, you permit us to access certain information from such accounts for use by the  Upsonic Service. You are in control of how much information is accessible to us and may exercise such control by adjusting the privacy settings on your Third Party Account. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the  Upsonic Service and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the Upsonic Service in a manner that complies with all laws that apply to you. If your use of the Upsonic Service is prohibited by applicable laws, then you aren’t authorized to use the Upsonic Service. We can’t and won’t be responsible for your using the Upsonic Service in a way that breaks the law. You will not share your account or password with anyone, and you must protect the security of your account, password and any other access tools or credentials. You’re responsible for any activity associated with your account. # **Restrictions** You agree not to, and you will not permit others to: - License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Upsonic Service or make the platform available to any third party. - Modifying any part of the Upsonic Service, creating derivative works, disassembling, decrypting, reverse compiling, or reverse engineering. - Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Upsonic or its subsidiaries, affiliates, partners, suppliers or the licensors of the website/app. - Infringe or violate the intellectual property rights or any other rights of anyone else (including Upsonic). - Violate any law or regulation, including, without limitation, privacy laws or any other purpose not reasonably intended by Upsonic. - Contribute to, publish, or produce anything that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable. - Jeopardize the security of your Upsonic Service account or anyone else’s (such as allowing someone else to log in to the Upsonic Service as you). - Attempt, in any manner, to obtain the password, account, or other security information from any other user. - Use the Upsonic Service to violate the security of any computer network, or crack any passwords or security encryption codes. - Run any processes or programs that interfere with the proper working of the Upsonic Service, including placing an unreasonable load on the Upsonic Service’s infrastructure. A violation of any of the foregoing restrictions is grounds for termination of your right to use or access the  Upsonic Service. # **Free and Paid Services** The  Upsonic Services may be free or we may charge a fee for using the  Upsonic Services. If you are using a free version of the  Upsonic Services, we will notify you before any  Upsonic Services you are then using begin carrying a fee. If you wish to continue using such  Upsonic Services, you must then pay all applicable fees for such  Upsonic Services. ### **Paid Services** Certain parts of the  Upsonic Service may be subject to payments now or in the future (the “Paid Services”). Please see our Pricing page (available at: [https:// Upsonic.co/pricing](https://upsonic.co/pricing)) for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. As with any purchase, there are terms and conditions that apply to transactions and subscriptions with  Upsonic. The main thing to remember is that by placing an order, creating a subscription, or making a purchase with  Upsonic, you agree to the terms along with  Upsonic’s Privacy Policy. ### **Payment of fees** You agree to pay the Company the applicable fees described in the Online Order Form for the Paid Services and in accordance with the terms therein (the “Fees”). If your use of the Paid Services exceeds the Service Capacity set forth on the Online Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and you agree to pay the additional fees in the manner provided herein. The Company reserves the right to change the Fees, or applicable charges, and to institute new charges and Fees at the end of the Initial Service Term or the current renewal term, upon seven (7) days prior notice to Customer (which may be sent by email). If you believe that the Company has billed you incorrectly, you must contact the Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to the Company’s customer support department by sending an email to [email protected]. The Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts may result in immediate termination of Service. ### **Renewal of Paid Services** This Agreement is for the Initial Service Term as specified in the Online Order Form, and shall be automatically renewed for additional periods of the same duration, unless either party requests termination prior to the end of the then-current Service Term. Upon renewal, your selected payment details (as submitted in the Online Order Form) will be charged the then current Service Free. For example: Agreements with a 1 month Initial Service Term will renew automatically for an additional 1 month Service Term, whereas a 1 year Initial Service Term will renew automatically for an additional 1 year Serice Term, unless otherwise instructed by you prior to the end of the then-current Service Term. ### **Cancellation policy for Paid Services** Paid Services will renew automatically unless cancelled prior to the end of the then-current Service Term. Upon renewal, your selected payment details (as submitted in the Online Order Form) will be charged the then-current Service Fee. You can cancel the renewal of Paid Services at any time by contacting us via email to [email protected] ### **Refund policy** If, for any reason, you are not completely satisfied with the service that we provide, don't hesitate to contact us via email to [email protected] and we will discuss any of the issues you are going through with our service. ### **Termination of Service** In addition to any other remedies it may have, either party may also terminate this Agreement upon seven (7) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. You will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, the Company will use commercially reasonable efforts to make your Data available to you for electronic retrieval for a period of thirty (30) days, but thereafter the Company may, but is not obligated to, delete stored Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. # **Messaging** As part of the  Upsonic Service, you may receive communications through the  Upsonic Service and via communication channels such as email. By signing up for the Upsonic Service you agree to receive such communications until such a time you have given us instructions to stop sending messages. When first signing up for the Upsonic Service you will receive a welcome email with instructions on how to stop further messages. # **Your Suggestions** Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Upsonic with respect to the website/app shall remain the sole and exclusive property of Upsonic. Upsonic shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you. # **Your Consent** We've updated our Terms of Service to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website/app, registering an account, or making a purchase, you hereby consent to our Terms of Service. # **Links to Other Websites** These Terms of Service apply only to the Upsonic Service. The Upsonic Service may contain links to other websites not operated or controlled by Upsonic. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the  Upsonic Service to another website, our Terms of Service are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you. # **Cookies** The Upsonic Service uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website/app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website/app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies. # **Changes To Our Terms of Service** You acknowledge and agree that we may stop (permanently or temporarily) providing the Upsonic Service (or any features within the  Upsonic Service) to you or to users generally at Upsonic’s sole discretion, without prior notice to you. You may stop using the Upsonic Service at any time. You do not need to specifically inform us when you stop using the  Upsonic Service. If you have a paid subscription to the Upsonic Service, you must cancel it on the  Upsonic.co website in order to prevent any upcoming recurring billing. You acknowledge and agree that if Upsonic disables access to your account, you may be prevented from accessing the Upsonic Service, your account details or any files or other materials which are contained in your account. If we decide to change our Terms of Service, we will post those changes on this page, and/or update the Terms of Service modification date on this page. # **Modifications to the Upsonic Service** Upsonic reserves the right to modify, suspend or discontinue, temporarily or permanently, the Upsonic Service or any service to which it connects, with or without notice and without liability to you. # **Updates to the Upsonic Service** Upsonic may from time to time provide enhancements or improvements to the features/ functionality of the Upsonic Service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the  Upsonic Service. You agree that  Upsonic has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Upsonic Service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the  Upsonic Service, and (ii) subject to the terms and conditions of this Agreement. # **Third-Party Services** We may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that  Upsonic shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Upsonic does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. # **Term and Termination** This Agreement shall remain in effect until terminated by you or Upsonic. In order to terminate your Upsonic account, please contact us at any time via email:  [email protected] Upsonic may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Upsonic, in the event that you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you shall cease all use of the Upsonic Service. Termination of this Agreement will not limit any of  Upsonic's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us. # **Copyright Infringement Notice** If you are a copyright owner or such owner’s agent and believe any material used in the  Upsonic Service constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner. # **Indemnification** You agree to indemnify and hold  Upsonic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the  Upsonic Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party. # **Severability** If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by  Upsonic on the  Upsonic Services, shall constitute the entire agreement between you and  Upsonic concerning the Upsonic Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and  Upsonic's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Upsonic AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO The  Upsonic Service MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. # **Waiver** Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. # **Amendments to this Agreement** Upsonic reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the  Upsonic Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Upsonic Service. # **Entire Agreement** The Agreement constitutes the entire agreement between you and  Upsonic regarding your use of the Upsonic Service and supersedes all prior and contemporaneous written or oral agreements between you and Upsonic. You may be subject to additional terms and conditions that apply when you use or purchase other of Upsonic’s services, which Upsonic will provide to you at the time of such use or purchase. # **Updates to Our Terms** We may change the Upsonic Service and its policies, and we may need to make changes to these Terms so that they accurately reflect the Upsonic Service and its policies. Unless otherwise required by law, we will notify you (for example, through the  Upsonic Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Upsonic Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account. # **Intellectual Property** The Upsonic Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by  Upsonic, its licensors or other providers of such material and are protected by UK and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Upsonic, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited. # **Notice of Dispute** In the event of a dispute, you or Upsonic must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to:  [email protected] Upsonic will send any Notice of Dispute to your email address. You and Upsonic will firstly attempt to resolve any dispute through informal negotiation. # **Submissions and Privacy** In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Upsonic without any compensation or credit to you whatsoever. Upsonic and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas. # **Promotions** Upsonic may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the  Upsonic Service, which terms and conditions are made a part of this Agreement by this reference. # **Typographical Errors** In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge. # **Miscellaneous** If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Upsonic. Upsonic will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.  The  Upsonic Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the  Upsonic Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate Upsonic’s Privacy Policy) contain the entire understanding, and supersedes all prior understandings, between you and  Upsonic concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. # **Disclaimer** Upsonic is not responsible for any content, code or any other imprecision. Upsonic does not provide warranties or guarantees. In no event shall  Upsonic be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the  Upsonic Service or the contents of the  Upsonic Service.  Upsonic reserves the right to make additions, deletions, or modifications to the contents on the  Upsonic Service at any time without prior notice. The  Upsonic Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Upsonic is a distributor and not a publisher of the content supplied by third parties; as such, Upsonic exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Upsonic Service. Without limiting the foregoing, Upsonic specifically disclaims all warranties and representations in any content transmitted on or in connection with the Upsonic Service or on sites that may appear as links on the Upsonic Service, or in the products provided as a part of, or otherwise in connection with, the Upsonic Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Upsonic or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Upsonic does not warrant that the Upsonic Service will be uninterrupted, uncorrupted, timely, or error-free. # **Warranty and Disclaimer of Paid Services** Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing via Slack or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. # **LIMITATION OF LIABILITY** NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. # **Contact Us** Don't hesitate to contact us if you have any questions. - Via email: [email protected]