Teqblaze former SmartyAds White Label Solutions

Disclaimer

Last Updated May 1, 2024

This Section “DISCLAIMER” is applicable to the use of the Platform and the Services of SMARTYADS, LDA doing business as “TEQBLAZE”, a company duly incorporated under the laws of Portugal, having its registered office at Rua Joaquim António de Aguiar, nº 43, R/C Esq Lisbon Distrito: Lisbon Concelho: Lisbon Freguesia: Santo António 1070 150, Lisbon, Portugal (the “Company” or “TeqBlaze”) under the applicable agreement between the Company and the Client as the Parties (the “Agreement”) if otherwise stated in the Agreement.

General Provisions

  1. The Company shall not be responsible and/or liable for the Client's business roadmap in relation to the activities connected with the Platform and the Services herein, including, but not limited to, the choice of strategies, partners, products, services and terms of purchase, sale, and shall not be liable for any obligations or agreements entered into by the Client with the third parties, such as clients, partners, suppliers and customers, and related to the Platform and the Services herein. The Client is solely and independently responsible and/or liable for the choice of its own business activities related to the Platform and the Services herein, partners, clients and suppliers with whom it interacts on the Platform of the Company, as well as for all other aspects of its business activities on the Platform, including the conditions of the transactions, its revenue and any loss, damage or injury that may arise as a result of its activities or transactions entered into with such third parties on the Platform or transactions related to the Platform and the Services herein.
  2. Except for technical implementation, the Company shall not be liable for any changes in functionality or features or the use of features to the Platform made at the Client's request as part of the Services. The decisions made by the Client regarding the product roadmap and development of the Platform may be appealed by the Company in case of direct negative impact on the Platform operation from the technical point of view. If the Client requests the provision of Services by the Company that, in the opinion of the Company, will not meet general industry standards or in any way do not comply with the Company's usual practices and the Client wishes to receive the Services in this manner, the Company will provide the relevant Services under the sole responsibility of the Client, without assuming any liability for how such Services and their results will affect the Client's business, profitability, third parties responsibility etc. The Company is responsible only for the implementation of the technical specifications as part of the Services and the operation of the Platform, without taking into account the practices and business strategies, logic of the features and actions of the Client on the Platform. The Company is not responsible for the practices used by the Client when using the Platform and operating the Platform. The Company does not guarantee any profitability, suitability or fitness of the Platform for the Client's purposes and business.
  3. EXCEPT TO THE EXTENT AGREED BETWEEN THE PARTIES IN WRITING, TEQBLAZE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE PLATFORM AND SERVICES WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TEQBLAZE, ITS EMPLOYEES, CONTRACTORS, LICENSORS OR AGENTS WILL CREATE A WARRANTY, NOR MAY THE CLIENT RELY ON ANY SUCH INFORMATION OR ADVICE.
  4. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND EXCEPT AS SET FORTH IN THE AGREEMENT, TEQBLAZE HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), WITH RESPECT TO THE PROVISION OF THE SERVICES PROVIDED TO THE CLIENT HEREIN.
  5. EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, (II) A BREACH OR VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR (III) WHERE REQUIRED BY THE APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR GOODWILL OR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND, HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT.
  6. EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, (II) A BREACH OR VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, AND TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL AGGREGATE LIABILITY UNDER THE AGREEMENT EXCEED THE GREATER OF (I) AGGREGATE FEES PAID OR PAYABLE TO TEQBLAZE FOR THE SERVICE GIVING RISE TO THE LIABILITY; OR (II) $200,000 (TWO HUNDRED THOUSAND U.S. DOLLARS).
  7. The term of this Section shall survive the termination of the Agreement for whatever reason.
  8. This Section "DISCLAIMER" is an integral part of the Agreement between the Parties. Concluded actions of the Parties and their cooperation under the Agreement are an indisputable fact of recognition of this Section "DISCLAIMER" as an integral part of the Agreement between the Parties to the Agreement.
  9. The matters not settled by this Section "DISCLAIMER" shall be governed by the Agreement. In case of any direct contradiction between the provisions of this Section "DISCLAIMER" and the provisions of the Agreement, the provisions of this Section "DISCLAIMER" shall prevail to the extent that they do not contradict the content of the Agreement.
  10. The Parties acknowledge the possibility of unilateral changes to this Section "DISCLAIMER" by the Company. The Parties may always find the latest version of this Section "DISCLAIMER" here.