5.1Exclusion of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PLATFORM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, USE, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2Aggregate Liability Cap
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, TO REFUND 50% OF YOUR PAYMENT PAID FOR OUR DEVELOPMENT SERVICES MINUS 3RD PARTY SERVICES/SUBSCRIPTIONS/SAAS AND PAYMENT PROCESSING FEE/CHARGES. IF NO PAYMENT/FEES WERE PAID, OUR LIABILITY SHALL BE STRICTLY LIMITED TO ZERO (0).
5.3Exclusions Notwithstanding
The limitations in Sections 5.1 and 5.2 apply regardless of whether the claim arises from breach of contract, negligence, gross negligence (to the extent waivable under applicable law), strict liability, breach of warranty, or any other legal theory, and even if any limited remedy fails of its essential purpose.
5.4Assumption of Risk by Client
YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK IN THIS SECTION 5 IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, REFLECTED IN THE PRICING (IF ANY) AND OTHER TERMS OF THIS AGREEMENT.