What we do not exclude. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited. If you are a consumer, you also keep the rights that the law of the country where you live says cannot be taken away by contract.
Subject to that, we are not liable for any loss or damage arising from or connected with:
- the acts, omissions, statements or defaults of any User, Venue or other third party;
- any item, including its being lost, stolen, damaged, delayed, counterfeit, defective, unsafe, unlawful, or seized, confiscated or destroyed by any authority;
- any customs, import, export or tax matter, including duties, taxes, fines and penalties, and any statement made to an official;
- travel disruption, including delayed, cancelled or missed flights and lost baggage;
- personal injury or property damage arising from a meeting between Users, except as stated above;
- the matters described in section 26, including smart-contract defects, network failures, forks and reorganisations, failed or delayed transactions, stablecoin de-pegging or freezing, and loss of or unauthorised access to your Wallet;
- third-party services, including wallet, relay, on-ramp, off-ramp, swap and identity-verification providers;
- an incorrect, late or missing Attestation, or a Reviewer’s decision made in good faith;
- any automated classification, warning or moderation decision, or the absence of one;
- unavailability, suspension or withdrawal of the Service, or loss or corruption of data; or
- events outside our reasonable control (section 33).
Subject to the first paragraph of this section, we are not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, revenue, business, opportunity, goodwill or anticipated savings, for any loss of or fluctuation in the value of digital assets, or for any indirect, special, consequential, exemplary or punitive loss.
Subject to the first paragraph of this section, the total liability of Chord Express, and of its affiliates, directors, officers, employees, contractors and agents, to you for all claims arising from or connected with the Service or these Terms is limited to the amount you paid us in Service Fees in the six months before the events giving rise to your claim or, if you paid no such amount, US$150.
These limits reflect the fact that we provide software, are not a party to User Agreements, do not handle items, and charge fees that are small relative to the value of Orders.