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Effective August 01, 2024
These Terms of Service (“Terms”) describe the terms under which Lyceum Technologies, Inc. (hereinafter also referred to as “Lyceum”, “We”, “Our” “Us”) provides an individual or entity, who subscribes to Our Service(s) (hereinafter also referred to as “You”, “Your”, “Yourself”) and their Users, access to and use of Our Service(s).
By accessing and/or using Our Service,
You and Us will be individually referred to as “Party” and collectively as “Parties”.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYCEUM’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE, WILL BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (A) TWELVE MONTHS OF THE SUBSCRIPTION CHARGES FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES; OR (B) THE SUBSCRIPTION CHARGES PAID BY CUSTOMER, FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
You will indemnify and hold Lyceum harmless against any claim brought by a third party against Lyceum, and its respective employees, officers, directors and agents arising from Your acts or omissions in connection with Clause 3 of these Terms provided that (a) Lyceum promptly notifies You of the threat or notice of such a claim, (b) You have or will have the sole and exclusive control and authority to select defence attorneys, defend and/or settle any such claim; and (c) Lyceum fully cooperates with You in connection therewith. You will have no obligation or liability with respect to any such claim arising out of the gross negligence or wilful misconduct of Lyceum.
The Supplemental Terms below contains terms that are specific to certain features of the Service(s). For avoidance of doubt, in the event of a conflict or inconsistency between the rest of these Terms and these Supplemental Terms, these Supplemental Terms shall prevail.
These terms apply to Your access and use of Script Assist.