To the maximum extent permitted by law, Agnotiq will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of goodwill, loss of anticipated savings, business interruption, loss of data, replacement costs, or procurement of substitute services, even if Agnotiq was advised of the possibility of those damages.
Liability cap
To the maximum extent permitted by law, Agnotiq's total aggregate liability arising out of or relating to the Services, the Documentation, Output, any subscription, or these Terms will not exceed the greater of:
- athe fees actually paid or payable by you to Agnotiq for the Services giving rise to the claim during the twelve (12) months immediately preceding the event first giving rise to liability; or
- bCAD $100 if no fees have been paid.
The liability cap above applies to all claims in the aggregate, whether based in contract, tort, negligence, strict liability, statute, or otherwise. The only exceptions are liabilities that cannot be limited by law and, if expressly stated in a signed order form or separate written agreement, any claim categories that Agnotiq has agreed in writing to exclude from the cap.
Without limiting the above, Agnotiq is not liable for claims arising from: (i) Customer Data; (ii) customer configurations, workflows, approvals, permissions, or connected systems; (iii) third-party services or integrations; (iv) acts or omissions of Authorized Users; (v) unauthorized access resulting from your credentials, devices, or systems; or (vi) your failure to follow the Documentation or implement reasonable internal controls.