Smartcat shall not be liable for any losses caused by reliance on the accuracy or reliability of translations provided by it to Customer. </p> 8. LIMITATION OF LIABILITY Back to top <p> 8.1 <b>No Indirect Damages.</b> In no event will Smartcat be liable to Customer for consequential, incidental, indirect, punitive or special damages, or loss of profits, data, business or goodwill, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose, or otherwise, and even if advised of the likelihood of such damages. Smartcat shall not bear any responsibility for changes made to any Translated Works following delivery thereof by Smartcat to Customer. </p> <p> 8.2 <b>Limitation Cap.</b> Any and all liabilities of Smartcat resulting from this Agreement are, without exception, limited to and at a maximum equal to the lesser of (a) $10,000 or (b) the total payments made by Customer to Smartcat hereunder within one (1) month immediately preceding any such claim.