(2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Services, or third party services, regardless of legal theory, without regard to whether Spotify has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose. or (3) aggregate liability for all claims relating to the Services more than the amounts paid by you to Spotify during the prior twelve months in question.</strong> </p> <p> <strong>Nothing in the Terms removes or limits Spotify’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.</strong> </p> <p> <strong>