Terms Of Service

No Termination Without Cause

Prior to the expiration of the term specified therein, neither party may terminate the Terms of Service, Order Form, or subscription term of consulting service without justification. If you decide to discontinue using the service, you may discontinue. If you paid anything to us only, you could get return.

Identification

Any claim, demand, action, or other proceeding (a “Claim”) made or brought against Us by a third party alleging that Your Data, applications, or other materials created by You using the Developer Services infringe or misappropriate a third party’s intellectual property rights or violate applicable law (to the extent that such infringement, misappropriation, or violation do not result from the Developer Services) shall be defended by You, and You shall hold Us harmless from any harm that results.

• send You written notice of the Claim as soon as possible.
• provide You complete authority over how the Claim is defined and resolved (with the provision that You may not resolve any Claim unless the resolution unconditionally releases Us from all liability); and
• offer You all appropriate help at Our expense. The outlines your sole responsibility and our single recourse for any kind of claim covered by this.

Restrictions on liability

Whether in contract, tort, or under any other theory of liability, in no event shall our total liability arising out of or related to this Agreement exceed the total amount paid by you hereunder or, with respect to any one incident, the lesser of $5,000 or the amount paid by you hereunder in the 12 months prior to the incident.

Exclusion of incidental and consequential damages:

In no event shall we be liable to you for any loss of profits or revenues, or for any indirect, special, incidental, consequential, cover, or punitive damages, regardless of the way they arise, whether arising in contract, tort, or under any other theory of liability, and regardless of whether either party has been informed of the possibility of such damages. Therefore, to the extent forbidden by applicable legislation, going disclaimer shall not apply.

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