3.1 Limited Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PERFORMED BY DOODLE ARE PROVIDED “AS IS,” and “AS AVAILABLE”, AND DOODLE DISCLAIMS ANY AND ALL OTHER PROMISES, INDEMNITIES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND DATA ACCURACY, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DOODLE DOES NOT WARRANT THAT (a) THE SERVICE OR ANY OTHER SERVICES PROVIDED BY DOODLE WILL MEET USER’S OR ANY OTHER PERSON’S REQUIREMENTS OR (b) THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (c) THAT THE SERVICE WILL ACHIEVE ANY INTENDED RESULT OR (d) THAT THE SERVICE OR ANY COMPONENT THEREOF WILL BE COMPATIBLE OR WORK WITH ANY INTEGRATIONS, SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE, OR (e) THAT ALL ERRORS WILL BE CORRECTED.
3.2 Limitation of Liability
IN NO EVENT WILL DOODLE BE LIABLE TO USER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, OR REVENUES, LOSS OF GOODWILL OR REPUTATION,OR COST OF REPLACEMENT OF GOODS OR SERVICES, OR LIABILITIES TO THIRD PARTIES ARISING IN CONNECTION WITH THIS AGREEMENT OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOODLE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM: (I) USER’S USE OR THE INABILITY TO USE THE SERVICES; (II) ANY CHANGES WHICH DOODLE MAY MAKE TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF,OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USE OF THE SERVICES; (V) RECOVERY OF ANY DATA,OR BREACH OF DATA OR SYSTEM SECURITY; OR (VI) OR ANY OTHER MATTER RELATING TO THE SERVICES, IN EACH CASE, REGARDLESS OF WHETHER DOODLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THIS LIMITATION OF DOODLE’S LIABILITY SHALL APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE AGGREGATE LIABILITY OF DOODLE FORALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, EQUITABLE THEORY OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO DOODLE BY USER UNDER THESE GTC DURING THE TWELVE (12)-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
User acknowledges and understands that the disclaimers, exclusions and limitations of liability set forth in this Section form an essential basis of the agreement between the parties, that the parties have relied upon such disclaimers, exclusions and limitations of liability in negotiating the terms of these GTC, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of these GTC would be substantially different.
3.3 Technical support
Doodle provides technical support on a best-effort basis and exclusively via email. A user may send his/her request to our Support Team in each case. Doodle does not warrant the availability of technical support for any use outside of Doodle Premium Services. Users of a Doodle Premium account are subject to the provisions of the separate Service Level Agreement.
3.4 Enhancement, Modification, Discontinuation of Services and Maintenance
Doodle has the right at any time for any or no reason to suspend, restrict discontinue, or modify the Services (or any part thereof) permanently or temporarily or to add new types of services. Such changes shall become effective without any further action by any party and automatically subject to these GTC. Your continued use of the Services or any part thereof after we make changes shall deemed as your acceptance of those changes. If the suspension, restriction, discontinuation, removal or modification of the Services results in a materially significant change to the agreed Services, as determined solely by Doodle, you may terminate the subscription for cause with immediate effect. In no event shall Doodle be required to issue any refund of the subscription fee for any remaining period in the event of such termination.
Doodle may perform maintenance on the Services offered at any time at its sole discretion. Maintenance that would require a deactivation of the Services shall be communicated to the User via email at least 72 hours before deactivation. Doodle shall endeavor to keep any necessary shutdowns of the Services to a minimum. In no event shall Doodle be liable to you or any third party for any damages caused or related to such deactivation.
3.5 Use of Third Parties
You hereby acknowledge and agree that Doodle has the right to use third parties to provide the Services or a portion thereof at any time as it sees fit.
3.6 Inclusion of advertising in the Services