Common use of Updates to the Services Clause in Contracts

Updates to the Services. 14.1 We may modify the features and functionality of the Platform Services. If the required Technical Specifications (as set out at the beginning of this ▇▇▇▇) change as a result of a modification that we make, we will notify you of such changes. 14.2 We may, without limitation to the generality of clause 14.1, establish new limits on the Platform Services (or any part), including limiting the volume of data which may be used, stored or transmitted in connection with the Platform Services, remove or restrict application programming interfaces or make alterations to data retention periods, provided such changes are introduced by Update to the relevant impacted contractual documents. 15 Our responsibility to you 15.1 If we breach this Agreement or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time you clicked to accept this Agreement, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do). 15.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage, for example, loss of business opportunity, business interruption, or loss of profits. 15.3 The Platform Services are provided in the same form to all our users. It is your responsibility to make sure the Platform Services meet your individual needs, whether or not these have been discussed with us, and to ensure that the Platform Services will be compatible with any other software platform or service or any hardware or equipment. 15.4 If the Platform Services or any updates provided by us damage your device or any software platform installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem. 15.5 To the maximum extent permitted by law, we shall not be liable (under any legal theory, including negligence) for any breach, delay or default in the performance of our Agreement to the extent the same (or the circumstances giving rise to the same) arises or was contributed to by: 15.5.1 a breach of our Agreement by you; or 15.5.2 an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under our Agreement (not including an inability to pay). 15.6 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our, or any of our employees’, agents’ or subcontractors’, negligence, liability for fraud or fraudulent misrepresentation, compensation you are entitled to under applicable binding laws relating to the protection of your personal information or any other liability that the law does not allow us to exclude or limit.

Updates to the Services. 14.1 We may modify the features and functionality of the Platform Services. If the required Technical Specifications (as set out at the beginning of this ▇▇▇▇) change as a result of a modification that we make, we will notify you of such changes. 14.2 We may, without limitation to the generality of clause 14.1, establish new limits on the Platform Services (or any part), including limiting the volume of data which may be used, stored or transmitted in connection with the Platform Services, remove or restrict application programming interfaces or make alterations to data retention periods, provided such changes are introduced by Update to the relevant impacted contractual documents. 15 Our responsibility to you 15.1 If we breach this Agreement or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time you clicked to GDPDJH WKDW \RX VXIIHU DV D UHVXOW %\ µIRUHVHHD accept this Agreement, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do). 15.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage, for example, loss of business opportunity, business interruption, or loss of profits. 15.3 The Platform Services are provided in the same form to all our users. It is your responsibility to make sure the Platform Services meet your individual needs, whether or not these have been discussed with us, and to ensure that the Platform Services will be compatible with any other software platform or service or any hardware or equipment. 15.4 If the Platform Services or any updates provided by us damage your device or any software platform installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem. 15.5 To the maximum extent permitted by law, we shall not be liable (under any legal theory, including negligence) for any breach, delay or default in the performance of our Agreement to the extent the same (or the circumstances giving rise to the same) arises or was contributed to by: 15.5.1 a breach of our Agreement by you; or 15.5.2 an event or sequence of events beyond a party’s reasonable control preventing or DQ HYHQW RU VHTXHQFH RIa sHonYabHleQcoWntVro l pEreHve\ntiRngQoGr D SDUW delaying it from performing its obligations under our Agreement (not including an inability to pay). 15.6 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our, or any of our employees’, agents’ or subcontractors’, negligence, liability for fraud or employHHV¶ DJHQWV¶ RU VXEFRQWUDFWRUV¶ QH fraudulent misrepresentation, compensation you are entitled to under applicable binding laws relating to the protection of your personal information or any other liability that the law does not allow us to exclude or limit.