1. General Limitation
Energizm Inc., DBA Tsekmo, provides the Services and the Website on an "as is" and "as available" basis. To the maximum extent permitted by law, we expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Specific Exclusions
Energizm Inc. shall not be liable for:
Indirect, incidental, special, exemplary, or consequential damages, including, but not limited to, loss of profits, revenue, goodwill, business opportunities, or anticipated savings, even if we have been advised of the possibility of such damages.
Any loss or damage to data, including but not limited to the loss or corruption of user content or any other data stored on our platform.
Any claims, demands, or actions against you by any third party, arising out of or in connection with your use of our Services or Website.
3. Specific Liabilities That Cannot Be Excluded
Nothing in this Limitation of Liability shall:
Exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Limit your statutory rights as a consumer that cannot be waived under applicable law.
4. Maximum Liability
In no event shall Energizm Inc.'s total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms, whether in contract, tort (including negligence), or otherwise, exceed the amount you have paid to us for use of the Services or $100, whichever is greater.
5. Prominent Display
This Limitation of Liability clause is highlighted to ensure that you are fully aware of its provisions. By continuing to use our Services or Website, you acknowledge that you have read, understood, and agree to this clause.
This clause provides a more balanced approach by clearly defining the types of liabilities that are excluded, while also making it clear what liabilities cannot be waived under the law. It is designed to protect Energizm Inc. while ensuring that the terms are fair and enforceable.