In no event shall Brain.FM be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the access, use or inability to use the Products and the Product Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. To the fullest extent permitted by law, the liability of Brain.FM arising from any error or other circumstance that may give rise to liability in relation to the Products shall – except for instances of any physical harm, gross negligence and willful misconduct - be limited to the amount paid by you for access to the Products in the relevant month.</p> <p>Technical problems such as temporary non-availability of the Products must be expected and shall not constitute breach of this Agreement. Brain.