17) Limitation of Liability

17.1 Indirect Damages Excluded

To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages of any kind, even if advised of the possibility of such damages. This exclusion applies to, without limitation:

e) Loss of profits, revenue, or anticipated savings;

f) Loss of goodwill, reputation, or business opportunities;

g) Loss of or damage to data, or the cost of restoring such data;

h) Business interruption or procurement of substitute services.

17.2 Aggregate Liability Cap

Except for the carve-outs in Section 17.3, the total aggregate liability of GEOReport arising out of or related to these Terms, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of:

l The total amount of fees actually paid by you to GEOReport in the twelve (12) months immediately preceding the event giving rise to the claim; or

l €1,000 EUR (or equivalent in local currency at the time of judgment).

17.3 Exclusions from Limitation

The limitations in this Section do not apply to:

l Your indemnification obligations under Section 18;

l Your breach of Sections 6–9 (License, Acceptable Use, User Content, Intellectual Property);

l Your payment obligations under Section 5 (Subscription Plans, Fees, Taxes, Trials, & Refunds);

l Liability that cannot be excluded or limited under applicable law (e.g., fraud, willful misconduct, or death/personal injury caused by negligence).

17.4 Basis of the Bargain

The parties acknowledge and agree that the limitations and exclusions of liability set forth in this Section are fundamental elements of the bargain between the parties, and that absent such limitations, the economic terms of these Terms would be substantially different.