1. Purpose & Scope
This Limitation of Direct Damages policy ("Policy") applies to all agreements, contracts, transactions, and commercial relationships between Aevum Zenth Conglomerate and its subsidiaries, divisions, affiliated entities, clients, partners, vendors, and end-users (collectively, "Parties"). By engaging with any Aevum Zenth entity, utilizing its platforms, or entering into any commercial arrangement, you acknowledge and agree to the limitations set forth herein.
2. Cap on Direct Damages
Except as expressly prohibited by applicable mandatory law, Aevum Zenth’s total aggregate liability for any and all direct damages, claims, or losses arising out of or related to the provision of goods, services, software, data, or any other deliverable shall not exceed the greater of: (a) the actual fees paid by the claiming Party to Aevum Zenth for the specific product or service giving rise to the claim during the twelve (12) months immediately preceding the date of the claim; or (b) one hundred thousand United States Dollars (USD $100,000.00), unless a higher liability cap is explicitly agreed to in writing and executed by Aevum Zenth’s Chief Legal Officer.
3. Exclusion of Indirect & Consequential Damages
In no event shall Aevum Zenth, its subsidiaries, affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, anticipated savings, or business opportunities
- Loss of data, intellectual property, or business intelligence
- Business interruption, system downtime, or production delays
- Loss of goodwill, reputation, or customer relationships
- Costs of procurement of substitute goods, services, or labor
These exclusions apply regardless of the form of action (whether in contract, tort, strict liability, negligence, or otherwise) and even if Aevum Zenth has been advised of the possibility of such damages.
4. Exceptions to Limitation
The limitations and exclusions in Sections 2 and 3 shall not apply to claims arising from:
- Gross negligence or willful misconduct by Aevum Zenth or its authorized personnel;
- Breach of confidentiality or data privacy obligations as defined by applicable regulations;
- Third-party claims of intellectual property infringement;
- Personal injury, wrongful death, or property damage caused by Aevum Zenth operations;
- Violations of mandatory consumer protection or statutory liability regimes where limitation is expressly prohibited by jurisdiction;
- Breach of express indemnification obligations outlined in executed Master Service Agreements or Joint Venture Contracts.
5. Governing Law & Dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of the Republic of Neo Geneva, without regard to its conflict of law principles. Any dispute arising from the interpretation, application, or enforcement of these limitations shall be subject to the exclusive jurisdiction of the International Commercial Court of Neo Geneva, unless otherwise mandated by local statutory requirements or binding arbitration clauses executed separately.
6. Modifications & Legal Inquiries
Aevum Zenth reserves the right to amend this Policy at any time to reflect changes in corporate structure, regulatory environments, or commercial standards. Material changes will be communicated via official legal notices to registered partners and published on this page. The effective date of any revision will be noted at the top of this document.
Legal & Compliance Division
For contract negotiations, liability determinations, or formal legal inquiries, please contact our dedicated corporate counsel team:
Address: Zenth Tower, 42nd Floor, Neo Geneva, Global District
Secure Email: legal@aezum-zenth.global
Compliance Hotline: +41 (0) 800 700 9000