Terms of Service

1. Accounts and Eligibility

To access the Services, you need to create an account by providing the required information during registration (through our App or website). You’re responsible for protecting your account credentials and for all activity that occurs under your account. We may suspend or terminate your account for security concerns or Terms violations, with notice as required by law.

2. Description of Services

Our Services provide an innovative Artificial Intelligence (“AI”) based sports coaching platform designed to empower athletes and coaches to optimize performance and achieve their goals through personalized insights tailored to individual personalities and physical profiles. Powered by advanced artificial intelligence (via third-party APIs), the Services deliver motivational support, training recommendations, and performance analysis in a secure environment that prioritizes user privacy.

How the Services Work

After creating an account, you enter basic physical information, your preferred sport, and goals. You then take a personality test, which the AI analyzes with your data to create an initial report on how your personality affects your sport and training. You can add a variety of standard fitness and performance metrics. The AI serves as your personal coach — delivering tailored insights via the chat feature that incorporate your personality, physical data, and inputs.

The platform also features a calendar and training tools for logging, planning, and managing schedules, routines, and workouts with the help of the AI. Integrations with third-party tools (e.g., smart watches, wearables, fitness apps) may allow automatic data pulls to improve AI recommendations.

User Types

The Services support different user roles to foster collaborative and effective training:

• Athletes: As an athlete, you can use the platform for self-directed coaching—receiving personalized AI insights, managing your own training plans, calendar, track progress and refine your approach in your sport.
• Coaches: As a coach, you can leverage the platform to support athletes or teams with the help of AI insights and by managing their training plans and workouts.

We may update or modify the Services at any time to improve functionality or comply with laws, with notice as described in these Terms.

3. Enterprise Customers

If you are accessing or using the Services on behalf of a sports team, organization, or other entity (as an “Enterprise Customer”), these Terms apply with the following additional provisions, unless modified by a separate written agreement (such as an enterprise licensing contract) between us and your entity. In the event of a conflict, the separate agreement prevails.

You represent and warrant that: (a) you have full legal authority to bind your entity to these Terms and any separate agreement; (b) your entity will ensure all authorized users (e.g., athletes, team members, or coaches) comply with these Terms, including eligibility requirements, data accuracy obligations, and acceptable use restrictions; and (c) you have obtained and will maintain all necessary consents, approvals, or permissions from authorized users for processing, sharing, or using their data (e.g., personality assessments, sports metrics, or health-related information) in compliance with applicable laws, such as GDPR.

For Enterprise Customers, certain aspects of the Services — such as subscription terms, pricing, billing, usage limits, integrations, commercial use permissions, data export options, termination procedures, governing law, and dispute resolution — may be customized or overridden by the separate agreement. You are responsible for managing access for authorized users, preventing unauthorized use (e.g., via shared credentials), and indemnifying us against claims arising from your entity’s or authorized users’ actions, as detailed in the Indemnification section.

If no separate agreement exists, these Terms govern in full. Contact us at support@kaski.ai for enterprise inquiries.

4. Subscription and Payment

Subscriptions

The Services offer a limited free trial period, during which you may access basic features subject to usage limits and these Terms. Upon expiration of the trial, continued access to the Services requires a paid monthly subscription. Subscriptions auto-renew at the end of each billing cycle unless cancelled. We may offer promotional trials or discounts at our discretion, but these do not affect standard rates. You may also earn additional free subscription periods or higher usage limits through our referral program by sharing your unique referral code or by signing up for a paid subscription using another user’s referral code; details and eligibility are provided in the App.

Subscription fees are displayed and charged in your local currency and may vary based on your location, applicable taxes, and other factors (e.g., exchange rates or regional pricing). Current pricing is displayed in the App or on our website during signup or renewal. We reserve the right to change fees or introduce new charges with reasonable notice (at least 30 days) via email or in-app notification; continued use after changes constitutes acceptance. If you do not agree, you may cancel as described below.

If you are an EU consumer, you have a statutory 14-day right of withdrawal from the subscription contract, starting from the day it is concluded. To exercise withdrawal, notify us at support@kaski.ai before the period ends; we will reimburse payments using the same method, without undue delay.

Payments

Payments are processed through third-party payment providers (e.g., app store billing systems like Apple In-App Purchases or Google Play Billing). By subscribing, you authorize us and our providers to charge your selected payment method (e.g., credit card, mobile billing) for the applicable fees, including any taxes, duties, or surcharges. You are responsible for maintaining accurate payment information and ensuring sufficient funds. If a payment fails, we may suspend access until resolved, and you remain liable for any fees due.

All payments are non-refundable, except as required by law. No refunds or credits for partial subscription periods, unused features, or downgrades. If we suspect fraud or unauthorized use, we may cancel your subscription and report it to authorities.

Cancellation

You may cancel your subscription at any time through the App’s account settings, your device’s app store settings (e.g., Apple or Google), or our website. Cancellation takes effect at the end of the current billing cycle, and you will retain access until then. No prorated refunds. Upon cancellation, you revert to free access (if available). We may terminate or suspend your subscription for breach of these Terms, with notice where required by law.

5. Acceptable Use and User Responsibilities

You agree to use the Services responsibly, only for lawful purposes, and in accordance with these Terms, our Privacy Policy, and all applicable laws, regulations, and third-party rights. As a user, whether an athlete or coach, you are responsible for your actions and any content or data you provide or generate. You must ensure your use respects the privacy, safety, and well-being of yourself and others involved in your training, coaching, or related activities.

You agree to the following:

1. Provide Accurate and Complete Information: Submit true, accurate, current, and complete data about yourself (e.g., personality test responses, sports metrics, physical details) and maintain it up-to-date. Inaccurate data may result in unreliable AI-generated insights, as explained in the Data Accuracy and AI Limitations section.
2. Comply with Laws and Regulations: Ensure your use complies with all relevant laws, including data protection (e.g., GDPR), health, and safety requirements.
3. Back Up and Manage Your Data: Back up any data you input or generate (e.g., personality profiles, training plans, AI insights) to avoid loss. We are not required to provide backups or recover lost data, which may be irretrievable due to technical issues or account termination.
4. Understand Risks of Fitness and Health Advice: Acknowledge that AI-generated insights (e.g., personality-tailored coaching, sports recommendations) are for informational purposes only and not a substitute for professional medical, nutritional, or therapeutic advice. Consult qualified professionals before applying or acting upon insights, especially impacting health or performance, and assume all consequences of reliance.
5. Prohibition of Unauthorized Third-Party Use: Use the Services only for your personal or authorized commercial or organizational purposes. Do not share account credentials, allow unauthorized access, or generate insights for third parties.
6. Keep Your Account Secure: Safeguard your account by using strong, unique passwords, enabling two-factor authentication where available, and not sharing login details. For coaches or organizational users, do not expose athletes’ or team members’ data to risks, such as by using unsecured devices, networks, or sharing data to unreliable third parties.
7. No Illegal or Harmful Activities: Do not use the Services for illegal purposes (e.g., fraud, violence, discrimination, harassment, defamation, IP infringement) or to generate/disseminate obscene, threatening, abusive, harmful, or self-harm-promoting content.
8. No Misuse of AI or Health-Related Features: Do not seek or provide medical, psychological, diagnostic, or therapeutic advice beyond general sports coaching. As an athlete or coach, do not rely solely on AI insights for health-impacting decisions without professional verification.
9. Comply with Data Privacy or Sharing Rules: Do not collect, input, share, or process personal data of others without explicit consent or in violation of laws. For coaches, do not access/share athlete data without consent and, where applicable, team policy compliance; limit data use to intended Service purposes.
10. No Interference with Operations or Security: Do not attempt to interfere with, disrupt, or overburden the Services, its servers, networks, or integrated third-party services (including OpenAI’s API), through any means, such as denial-of-service attacks, prompt hacking, unauthorized access, or the introduction of viruses, malware, or other harmful code.
11. No Exploitation or Abuse: Do not use automation, bots, or scraping to exceed limits, generate spam, or extract data for unauthorized commercial use. Do not infringe copyrights, trademarks, or proprietary rights, including duplicating AI outputs for resale.
12. No Impersonation or Misrepresentation: Do not impersonate others or misrepresent affiliations, qualifications, or inputs (e.g., falsifying data to manipulate AI).
13. Comply with Third-Party Policies: Do not breach terms of third-party providers (e.g., OpenAI’s rules on high-risk activities, harmful outputs, or unauthorized API use)

6. Data Accuracy and AI Limitations

The Services rely on AI technologies, including APIs provided by OpenAI (such as ChatGPT), to generate personalized sports coaching insights, training plans, nutritional guidance, motivational support, and other recommendations tailored to your personality profile as derived from the in-app personality assessment and other user-provided data (e.g., sports metrics, performance history, goals, chat inputs, and preferences). These AI-generated outputs are algorithmic in nature and are intended solely for informational, educational, and motivational purposes to assist athletes, coaches, or any other users in their training or other sports-related endeavors. However, AI systems have inherent limitations, including potential inaccuracies, biases, hallucinations (i.e., generating plausible but incorrect information), and incomplete understanding of individual contexts, which may result in outputs that do not fully align with your unique circumstances, physical condition, or needs.

You acknowledge and agree that the quality, accuracy, reliability, and usefulness of the AI-powered insights depend heavily on the completeness, accuracy, truthfulness, and relevance of the data you submit through the Services and failure to provide accurate, current, and honest information may lead to sub-optimal, misleading, or potentially harmful outputs, for which you assume full responsibility.

If you are a coach or otherwise accessing the Services on behalf of or for the benefit of athletes, sports teams or organizations, you further agree that you are solely responsible for evaluating the suitability of AI-generated insights for your athletes, team members or clients, and you will not rely on the Services as the primary basis for training programs, performance decisions, or health-related guidance.

7. Commercial Use

Subject to your compliance with these Terms, including all disclaimers, limitations, and acceptable use policies, professional coaches, sports teams, and other organisations may use the Service on a commercial basis solely to support their internal business operations, such as coaching athletes, developing team members, or providing sports-related guidance and motivational support. This permitted commercial use is limited to sports coaching and ancillary activities (e.g., performance enhancement, training planning, and wellness motivation) and must not form the sole or primary basis of any external commercial service, product, or offering provided to third parties. You specifically must not resell, sublicense, white-label, or redistribute the Service, AI-generated insights, personality assessments, or any other outputs as a standalone commercial product or service.

8. Usage Limits and Quotas

Your access to and use of the Services, including submissions of queries and reception of insights in the chat feature, is subject to certain usage limits and quotas (“Usage Limits”) designed to ensure fair access, maintain system performance, and manage operational costs, particularly given the potentially sensitive insights that require responsible usage. These Usage Limits may include restrictions on the number of queries, messages, interactions, or data uploads you may submit within a specified time period (e.g., daily, weekly, or monthly), as determined by your account type or subscription plan. Usage Limits for free trials and paid subscriptions are specified in-app, on our website, or in another accessible location.

We reserve the right to monitor your usage and enforce these Usage Limits at our discretion. If you exceed your allocated Usage Limits, your access to certain features may be temporarily restricted or throttled until the next reset period, or you may be prompted to upgrade your plan or purchase additional queries. Additional queries can be acquired through in-app purchases or otherwise at the prices specified.

You agree not to attempt to circumvent, disable, or otherwise interfere with these Usage Limits, including through the use of multiple accounts, automated scripts, or other means, as such actions may result in suspension or termination of your account without refund. We may update or modify Usage Limits from time to time, with notice provided via the Services or email, and continued use constitutes acceptance of such changes.

9. Third-Party Integrations

The Services may enable integrations with third-party platforms and devices, such as sports watches, fitness trackers, health apps, or activity sharing services, to enhance functionality. These integrations allow you to import or sync data such as workout metrics, performance history, or fitness indicators, which can be used to personalize your AI coaching insights. By enabling an integration, you authorize us to exchange data with the third-party provider as necessary to support these features.

You are responsible for:

• Reviewing and agreeing to the third-party provider’s terms of service and privacy policy before authorizing any data sharing, as those terms govern their handling of your data.
• Managing authorizations through your account settings or via the third-party platform, including granting, monitoring, and revoking access.
• Ensuring that any data you share or import is accurate, complete, and appropriate for use in the Services.
• Understanding that enabling integrations may involve sharing sensitive information, such as health-related metrics.

We do not control third-party platforms or devices and are not responsible for their availability, accuracy, security, data handling practices, or any interruptions, errors, or losses arising from their use. This includes potential risks like data breaches, incompatible updates, or inaccuracies in synced information that could affect AI-generated outputs.

We may add, modify, or remove integrations at any time without notice.

10. Intellectual Property

Ownership of the Service

Kaski.ai (or our licensors, including third-party AI providers) own all right, title, and interest in the Services, including the platform, application, software, algorithms, designs, interfaces, databases, content (excluding User Content), trademarks, copyrights, patents, trade secrets, and other intellectual property (collectively, “Kaski.ai IP”). This includes AI-generated content and outputs such as coaching insights, training plans, and motivational content. The Service is protected by applicable laws. Except for the limited license in the License Grant section, these Terms grant no rights in Kaski.ai IP. You may not use, copy, modify, distribute, or create derivatives of Kaski.ai IP without our written consent.

User Content

“User Content” means content, data, messages, responses, files, or materials you provide through the Services, including chat inputs, personality test responses, sports metrics, performance history, fitness details, goals and preferences.

You retain ownership of your User Content, subject to the license below. You represent and warrant: (a) you own or have rights to your User Content; (b) it does not infringe third-party rights (e.g., intellectual property, privacy); and (c) it complies with laws and these Terms.

License to User Content

By providing User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, distribute, display, perform, create derivatives from, and exploit it to operate, improve, and provide the Service, including generating insights and supporting features (subject to our Privacy Policy and applicable data protection laws). We may anonymize or aggregate User Content for research or statistics, after which it is no longer your User Content.

Feedback

If you provide feedback, suggestions, or ideas about the Services (“Feedback”), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and commercialize it without compensation or attribution. We own all rights to Feedback upon submission..

11. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and/or use the Services on devices that you own or control, solely for your personal purposes, unless otherwise permitted under these Terms or pursuant to a separate agreement with us. This license includes access to the Service’s features and related content, but does not extend to any third-party software or services.

You may not: (a) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Services or any parts thereof; (b) distribute, sublicense, rent, lease, sell, or transfer the Services or any rights granted hereunder; (c) use the Services for commercial purposes unless specifically permitted under these Terms or by separate written agreement, including reselling AI outputs or training other AI models; (d) remove or alter any proprietary notices, trademarks, or copyrights; (e) circumvent security features or Usage Limits; or (f) use the Services in any way that violates these Terms, applicable laws, or third-party rights, including health and data protection regulations.

We retain all right, title, and interest in and to the Services and all associated intellectual property rights (including algorithms, AI models and prompts, and content, except for User Content). This license does not convey any ownership rights to you. Updates to the Services may be provided automatically or manually, and your continued use constitutes acceptance of such updates.

This license terminates automatically upon breach of these Terms or as described in the Termination section. Upon termination, you must cease all use and delete all copies of the Services. We reserve the right to revoke this license at any time for any reason.

12. Termination

You may end your use of the Services at any time by cancelling your subscription (as described in the Subscriptions and Payments section) or deleting your account through the account settings in the App (as described in the Accounts and Eligibility section), or by contacting us at support@kaski.ai. This will stop future charges and access to premium features. Please note that deleting the App alone does not end your account or subscription.

We may suspend or end your access to the Services, or terminate these Terms, if you breach these Terms, violate laws, or misuse the Services (e.g., providing false data, unauthorized commercial use, or ignoring health disclaimers). We aim to give notice where possible, but may act without notice for serious issues like fraud, security risks, or harm to users (including athletes in coaching scenarios). We are not liable for any losses from such actions.

Upon termination (by you or us):

• Your right to use the Services ends immediately, and you must stop all access and delete any copies of the App.
• No refunds or credits for unused periods, except as required by law (e.g., EU consumer rights).
• We may delete your data, but retain some (e.g., anonymized for analytics) as per our Privacy Policy and legal needs.
• Certain sections survive, including Intellectual Property, Disclaimers, Limitations of Liability, Indemnification, and Governing Law.

13. Disclaimer of Warranties and Limitations of Liability

Disclaimer of Warranties

THE SERVICES, INCLUDING THE PLATFORM, APPLICATIONS, ALL CONTENT, FEATURES, AI-GENERATED INSIGHTS, PERSONALITY ASSESSMENTS, TRAINING PLANS, NUTRITIONAL GUIDANCE, MOTIVATIONAL SUPPORT, AND ANY OTHER MATERIALS OR FUNCTIONALITY PROVIDED THEREIN (COLLECTIVELY, THE “SERVICE ELEMENTS”), IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE, OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT: (A) THE SERVICE ELEMENTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS, INSIGHTS, OR OUTPUTS OBTAINED FROM THE USE OF THE SERVICES (INCLUDING AI-GENERATED CONTENT) WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR USEFUL; (D) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (E) THE SERVICES OR ANY SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE, SOFTWARE, OR NETWORK.

THE SERVICE ELEMENTS ARE NOT INTENDED TO BE, AND MUST NOT BE TAKEN AS, MEDICAL, NUTRITIONAL, PSYCHOLOGICAL, OR PROFESSIONAL ATHLETIC ADVICE, DIAGNOSIS, TREATMENT, OR COUNSELING. NOTHING PROVIDED THROUGH THE SERVICE CONSTITUTES THE PRACTICE OF MEDICINE, NUTRITION, PSYCHOLOGY, OR ANY OTHER PROFESSIONAL HEALTHCARE SERVICE. YOU SHOULD CONSULT YOUR PHYSICIAN, LICENSED NUTRITIONIST, CERTIFIED TRAINER, MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW TRAINING PROGRAM, NUTRITION PLAN, OR FITNESS REGIMEN, ESPECIALLY IF YOU HAVE ANY PRE-EXISTING MEDICAL CONDITIONS, INJURIES, DISABILITIES, OR OTHER HEALTH CONCERNS (E.G., IF YOU ARE OVERWEIGHT, PREGNANT, NURSING, DIABETIC, OR HAVE HEART CONDITIONS). DO NOT DISREGARD, AVOID, OR DELAY OBTAINING PROFESSIONAL ADVICE BECAUSE OF INFORMATION RECEIVED THROUGH THE SERVICES. THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK, AND YOU ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO INJURY, OVEREXERTION, DEHYDRATION, DIZZINESS, OR OTHER ADVERSE EFFECTS. IF YOU EXPERIENCE ANY SUCH SYMPTOMS, STOP IMMEDIATELY AND SEEK MEDICAL ATTENTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN GUARANTEES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN FULL. NOTHING IN THESE TERMS SHALL AFFECT, WHERE APPLICABLE, YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE MANDATORY LAWS.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KASKI.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS , SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE).

WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY LIABILITY ARISING FROM:

• INACCURATE, INCOMPLETE, OR UNRELIABLE INSIGHTS RESULTING FROM INCORRECT, INCOMPLETE, OUTDATED, OR MISLEADING USER DATA, INCLUDING PERSONALITY ASSESSMENT RESPONSES OR SPORTS-RELATED INPUTS.
• ANY DECISIONS, ACTIONS, OR OMISSIONS YOU MAKE BASED ON THE AI-GENERATED INSIGHTS, WHICH ARE ADVISORY ONLY AND NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, NUTRITIONAL, PSYCHOLOGICAL, ATHLETIC, OR COACHING ADVICE FROM QUALIFIED EXPERTS (E.G., PHYSICIANS, CERTIFIED TRAINERS, LICENSED NUTRITIONISTS, OR MENTAL HEALTH PROFESSIONALS).
• POTENTIAL HEALTH-RELATED RISKS, SUCH AS PHYSICAL INJURY, OVEREXERTION, NUTRITIONAL DEFICIENCIES, OR MENTAL STRAIN, THAT MAY OCCUR FROM FOLLOWING AI RECOMMENDATIONS WITHOUT PROPER PERSONALIZATION OR OVERSIGHT; USERS, INCLUDING ATHLETES AND COACHES, MUST INDEPENDENTLY VERIFY AND ADAPT ALL OUTPUTS TO THEIR SPECIFIC HEALTH STATUS AND CONSULT PROFESSIONALS BEFORE IMPLEMENTATION.
• ERRORS, BIASES, OR LIMITATIONS INHERENT IN THE UNDERLYING AI MODELS PROVIDED BY OPENAI OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ALGORITHMIC FLAWS, DATA TRAINING BIASES, OR FAILURES TO ACCOUNT FOR REAL-TIME CHANGES IN USER CONDITIONS.
• ANY OUTPUTS THAT MAY BE INTERPRETED AS HEALTH, MEDICAL, OR WELLNESS ADVICE; THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, CONDITION, OR INJURY, AND DOES NOT CONSTITUTE PROFESSIONAL HEALTHCARE SERVICES.
• DAMAGES TO YOUR DEVICE, SOFTWARE, OR DATA ARISING FROM USE OF THE SERVICES, INCLUDING VIRUSES OR OTHER HARMFUL COMPONENTS.
• INTERACTIONS WITH OTHER USERS OR THIRD PARTIES THROUGH THE SERVICES.

OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, WITHOUT PREJUDICE TO, WHERE APPLICABLE, YOUR STATUTORY RIGHTS AS A CONSUMER. THESE LIMITATIONS DO NO AFFECT MANDATORY EU CONSUMER GUARANTEES UNDER THE CONSUMER RIGHTS DIRECTIVE OR NATIONAL LAWS.