9. Limitation of Liability

9.1 Disclaimer of Warranties

That Is A Q ("Company," "we," "our," or "us") provides all services, software, design work, and deliverables (collectively, the "Services") on an "AS IS" and "AS AVAILABLE" basis, unless explicitly stated otherwise in a signed written agreement. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

While we employ industry-standard practices and rigorous quality assurance, we do not guarantee that the Services will meet your specific requirements, operate without interruption, or be completely free of defects or vulnerabilities.

9.2 Exclusion of Consequential Damages

In no event shall That Is A Q, its officers, directors, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Services. This exclusion applies to, but is not limited to:

• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Cost of procurement of substitute goods or services
• Computer failures, system malfunctions, or data corruption
• Security breaches or unauthorized third-party access

This limitation applies regardless of the legal theory asserted, including contract, warranty, tort (including negligence), strict liability, or any other basis, even if we have been advised of the possibility of such damages.

9.3 Maximum Liability Cap

To the extent not prohibited by applicable law, our aggregate liability for any and all claims arising out of or in connection with these Terms, the Services, or any related agreements shall not exceed the total amount of fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim. If no fees were paid in that period, our total liability shall be capped at $1,000.00 USD.

This cap represents the maximum amount recoverable from us under any circumstances and applies cumulatively to all claims, whether brought in succession or in the aggregate, by or on behalf of you or any third party.

9.4 Mandatory Claims Process

As a condition precedent to asserting any claim against us, you must:

• Provide written notice of the claim to legal@thatisaq.com within thirty (30) days of discovering the potential issue;
• Allow us a reasonable period of not less than sixty (60) days to investigate and attempt to cure or resolve the issue to your satisfaction;
• Cooperate in good faith with our remediation efforts.

Failure to comply with these steps waives your right to pursue the claim, except where prohibited by mandatory consumer protection laws.

9.5 Exceptions to Limitations

The limitations set forth in this Section 9 shall not apply to:

• Claims arising from gross negligence, willful misconduct, or fraud by That Is A Q;
• Our indemnification obligations to you as expressly outlined in a separate signed master services agreement;
• Violations of data protection or privacy laws where we are the data controller;
• Claims for which limitation or exclusion is prohibited by mandatory applicable law.

9.6 Survival & Severability

These limitations of liability shall survive termination or expiration of these Terms or any related agreement. If any provision of this Section is found unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. To the extent a limitation is unenforceable, it shall be modified to the minimum extent necessary to comply with applicable law while preserving its original intent.

Certain jurisdictions do not allow the exclusion or limitation of implied warranties or consequential damages. In such cases, our liability shall be limited to the greatest extent permitted by law in your jurisdiction.