Disclaimer and Limitation of Liability
Overview
Our company specializes in developing bespoke software tailored to meet the unique needs of our clients. In addition to our custom solutions, we leverage third-party software products as integral components of our development platform, enhancing the functionality and performance of the software we create. Furthermore, we supply third-party software products to our clients, either to augment our proprietary solutions or to serve as complete standalone solutions. It is important to understand that, while we strive for excellence in every aspect of our service, software by its nature can sometimes fail or exhibit incompatibilities with other systems. Please be aware that our company is not responsible or liable for any issues, disruptions, or damages that may arise from such software problems or incompatibilities. Our commitment to quality includes choosing reliable third-party solutions and implementing robust development practices; however, we cannot guarantee infallibility due to the complex and evolving nature of software technology.
In the event that problems do arise, whether related to software incompatibilities, failures, or any other technical issues, it’s important for our clients to understand that they will still bear the responsibility for the costs associated with resolving these issues. This includes scenarios where a complete remedy for the issue may not be achievable. Our team is dedicated to providing support and working diligently to find the best possible solutions to any problems that may emerge. However, the inherently unpredictable nature of software and technology means that some issues may not have a straightforward or available fix. As such, while we commit to using our expertise and resources to address and mitigate any problems, the financial responsibility for such efforts rests with the client. This policy helps ensure that we can allocate the necessary resources and attention to deliver the highest quality service and support, even in the face of challenges that are beyond our control.
Limitation of Liability
1. General Limitation: In no event shall App Loaded Technologies, including its directors, employees, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the software, provided by App Loaded Technologies; (ii) any conduct or content of any third party on the software, provided by App Loaded Technologies; (iii) any content obtained from the software, provided by App Loaded Technologies; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
2. Essential Basis: By doing business with App Loaded Technologies, you acknowledge that you have been informed and accept our Limitation of Liability Policy and understand all risks (including, without limitation, the risk that a remedy may fail of its essential purpose and cause consequential loss) associated with the implementation and use of our software or 3rd party software provided to you.
Disclaimer
1. “As Is” and “As Available”: Our software and any 3rd Party software is provided “as is” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, App Loaded Technologies, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the software, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
2. No Warranty on Functionality: App Loaded Technologies does not warrant that the software will meet the client’s requirements or that its operation will be uninterrupted or error-free. App Loaded Technologies is not responsible for any issues related to the compatibility of the software with any future or current technologies or data.
3. No Liability for Damages: Under no circumstances will App Loaded Technologies be liable to the client or any third party for any damages arising out of the use of or inability to use the software developed under this agreement, including but not limited to reliance by any person on any information obtained from the software, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance.
4. Acknowledgment: The client acknowledges that the foregoing limitations and disclaimers are an essential part of conducting business with App Loaded Technologies and forms the basis for determining the price charged for software and services provided by App Loaded Technologies.