By using the SMS Notification Service (the “Service”), you agree to the following terms with Sophos Ltd (“Sophos”):
- You acknowledge that standard text messaging and/or data rates may apply in connection with any SMS messages you receive through the Service, and that Sophos has no responsibility for any such charges.
- As Sophos does not charge a fee for the Service, Sophos may suspend or terminate your access to the Service for any reason and at any time, without notice.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND SOPHOS DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED USE AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE SERVICE.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOPHOS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SOPHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF SOPHOS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED US$20.00.
- These terms are governed by the laws of England and Wales, without regard to conflict of laws principles. These terms constitute the entire agreement between Sophos and you, and they supersede any other prior or contemporaneous agreements, written or oral, concerning its subject matter. Sophos may amend these terms at any time by notice to you, including without limitation by posting revised terms on the applicable Service website. Such amended terms shall be binding upon you effective from the date of such change and will supersede any prior version of these terms.