indemnity liability · Terms of Service
Base44 policy finding
“ TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND OTHER THAN IN CASE OF A PARTY'S FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, CUSTOMER'S BREACH OF THE SECTION ENTITLED “RESTRICTED USE” OR CUSTOMER'S PAYMENT OBLIGATIONS IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) ERROR OR INTERRUPTION OF USE, LOSS, INACCURACY, CORRUPTION OR DAMAGE TO DATA (INCLUDING END-USER INFORMATION), GOODWILL, PROFITS, REVENUE, BUSINESS, SAVINGS, OR PURE ECONOMIC LOSS; AND/OR (III) THE COST OF PROCURING ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; REGARDLESS OF (A) WHETHER SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE; OR (B) THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT); AND EITHER PARTY'S AGGREGATE AND CUMULATIVE LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), IS LIMITED TO THE FEES PAID OR PAYABLE TO THE COMPANY BY THE CUSTOMER FOR ITS SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO THE CLAIM.”
- Document
- Terms of Service
- Captured
- 2026-06-08
- Location
- Terms of Service › “Limitation of Liability”
- Snapshot SHA-256
- 6a82977795bb4a7f0381ef733d720a7b4369e7aae47bb3000f2d754b2ac6d60a
Informational only, not legal advice. Terms change; verify the source and capture date.