9.3 Maximum Liability Cap
Section 9.3 Contents
Overview
This section outlines the maximum monetary liability that That Is A Q ("Company") shall bear under any contract, service agreement, or transaction entered into with clients, partners, or end users. The provisions herein are designed to align with industry standards, applicable jurisdictional laws, and the risk framework governing our digital product and consulting services.
Key Takeaway: Unless otherwise expressly agreed in writing, our total liability shall not exceed the fees paid by the client for the specific service or product giving rise to the claim during the twelve (12) months preceding the incident.
Limitations on Liability
To the maximum extent permitted by applicable law, That Is A Q shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, revenue, business opportunity, or goodwill, whether arising from breach of contract, negligence, strict liability, or any other theory, even if advised of the possibility of such damages.
Statutory & Contractual Caps
The aggregate liability of That Is A Q for all claims arising out of or relating to this agreement, whether in contract, tort (including negligence), statute, or otherwise, shall be strictly limited to the lesser of:
- The total amount actually paid by the client to the Company during the twelve (12) month period immediately preceding the event giving rise to the claim; or
- Twenty-five thousand United States dollars ($25,000 USD), unless a higher cap has been mutually agreed upon in a signed enterprise agreement.
This cap applies cumulatively across all persons or entities claiming under this section. Claims by third parties shall be attributed to the applicable client account under which the service was procured.
Exclusions & Exceptions
Notwithstanding the limitations set forth above, the liability cap shall not apply to:
- Claims arising from gross negligence or willful misconduct;
- Breach of confidentiality obligations;
- Violations of intellectual property rights;
- Death or personal injury caused by the Company’s negligence; or
- Any liability that cannot be excluded or limited under mandatory applicable law.
Dispute Resolution Reference
Any claim subject to this liability cap must be filed in accordance with the dispute resolution procedures outlined in Section 12 of the Terms of Service. Failure to comply with the prescribed notice period (thirty (30) calendar days from discovery of the alleged breach) may result in forfeiture of the right to claim compensation beyond the capped amount.
Legal Inquiries: For questions regarding this clause or to request a customized liability schedule, please contact our legal department at legal@thatisaq.com.