General Limitation. To the maximum extent permitted under UAE law, the Company's total aggregate liability to any Publisher for all claims arising out of or relating to these Terms or the use of the Platform shall not exceed the amount of fees paid by such Publisher to the Company in the twelve (12) months preceding the event giving rise to the claim.
Exclusion of Damages. The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of revenue, business interruption, or loss of business opportunities, whether based on warranty, contract, tort, or any other legal theory, even if the Company has been advised of the possibility of such damages.
Platform Availability. The Company makes no warranty that the Platform will be available at all times and shall not be liable for any damages resulting from Platform downtime, maintenance, technical difficulties, server failures, or interruptions in service.
Third Party Actions. The Company shall not be liable for any actions, content, information, or conduct of Publishers, Advertisers, or other third parties on the Platform, including but not limited to:
Failure of Publishers to deliver Content or meet agreed specifications;
Disputes between Publishers and the Company;
Violations of intellectual property rights by third parties;
Fraudulent or deceptive conduct by Platform users.
Content-Related Liability. The Company shall not be liable for any claims arising from User Content, including but not limited to claims of defamation, copyright infringement, trademark violation, or violation of privacy rights, notwithstanding any content review procedures implemented by the Company.
Payment Processing. While the Company guarantees payment to Publishers as set forth in these Terms, the Company's liability for payment delays, processing errors, or technical issues with the payment system shall be limited to the amount of the affected payment.
Regulatory Compliance. The Company shall not be liable for any penalties, fines, or damages resulting from Users' failure to comply with applicable laws, regulations, or industry standards in their respective jurisdictions.
Data Security. Notwithstanding the Company's implementation of reasonable security measures, the Company shall not be liable for any unauthorized access to, alteration of, or destruction of User data, except in cases of gross negligence or willful misconduct.
International Publishers. For Publishers accessing the Platform from jurisdictions outside the UAE, the Company's liability shall be further limited by the laws of such jurisdictions to the extent they provide greater protection to the Company than UAE law.
Preserved Liabilities. Nothing in this Section shall limit or exclude the Company's liability for:
Death or personal injury caused by the Company's gross negligence or willful misconduct;
Fraud or fraudulent misrepresentation;
Any liability that cannot be excluded or limited under applicable UAE law.
Publisher Acknowledgment. Publishers acknowledge that the limitations set forth in this Section are reasonable and that they have been advised to obtain appropriate insurance coverage for their business activities conducted through the Platform.