11.1 Indirect Damages

To the maximum extent permitted by applicable law, Babelix shall not be liable to the Affiliate for any indirect, special, incidental, consequential, or exemplary damages arising out of or in connection with this Agreement or the Affiliate Program.

This includes, without limitation, loss of revenue, loss of profits, business interruption, loss of data, reputational damage, or lost business opportunity, even if Babelix had been advised of the possibility of such damages. Both parties agree that this disclaimer of indirect damages is an essential element of the agreement and reflects a reasonable allocation of risk.

11.2 Maximum Limit of Liability

Babelix’s total aggregate liability arising from this Agreement, whether based on contract, warranty, strict liability, tort (including negligence), or otherwise, shall in no event exceed the total amount of commissions paid (or payable) to the Affiliate during the six (6) months immediately preceding the event giving rise to the claim.

Suppose the Affiliate has not yet received payments. In that case, Babelix’s total liability shall be limited to the amount of accrued commissions pending in the Affiliate’s account, if any, at the time of the event.

If any excess amount has been paid to the Affiliate in error, Babelix may deduct or offset said excess from any future payments due to the Affiliate.

11.3 Force Majeure

Neither party shall be liable for delays or failures in the performance of its obligations under this Agreement if such delays or failures result from events beyond its reasonable control, including but not limited to natural disasters, widespread power outages, telecommunications network failures, war, acts of terrorism, pandemics, civil unrest, governmental actions, or any other cause of force majeure.

However, the affected party must notify the other as soon as possible and attempt to resume the performance of its obligations as soon as the force majeure event ceases.

11.4 Tools and Availability

Babelix does not guarantee the uninterrupted or error-free operation of its website, tracking systems, affiliate program interfaces, or other related services.

The Company will make commercially reasonable efforts to maintain the proper functioning of the affiliate platform. Still, it may temporarily suspend access for scheduled maintenance, updates, or causes beyond its reasonable control (including, without limitation, equipment, software, or telecommunications network failures).

Babelix shall not be liable for the direct or indirect consequences of any interruption or technical error, but commits to attempting to resolve such issues promptly once it becomes aware of them.

Likewise, the Affiliate accepts that Babelix shall not be liable to the Affiliate or any third party for any claim arising from loss of access, functionality, or inability to complete a transaction experienced by an end-user after said user has attempted to access the Babelix website or its services through an affiliate link provided by the Affiliate.

11.5 Absence of Additional Warranties

Except as expressly stipulated herein, Babelix grants no warranties of any kind, express or implied, to the Affiliate of the Program.

To the maximum extent permitted by law, Babelix disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from a course of performance, course of dealing, or usage of trade.

The Affiliate Program is offered on an “as is” basis, and participation is at the Affiliate’s own risk. Babelix does not warrant that the Program will meet your particular expectations or that you will obtain a specific number of referrals or income.

The Affiliate agrees that Babelix shall not be liable, either in contract or tort, for claims arising directly from the Affiliate’s use of the Program or affiliate links in violation of this Agreement, nor for the consequences of any breach of this Agreement by the Affiliate.

Some jurisdictions do not allow certain warranties to be excluded or limit liabilities. In such a case, the exclusions and limitations shall apply to the greatest extent permitted by applicable law. Nothing in this section is intended to limit Babelix’s liability for gross negligence, willful misconduct (“dolo”), or any other liability that, by mandatory law, cannot be limited or excluded.