Limitation of Liability9.1 Liability of Smallpdf<p>Smallpdf is not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable. and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.</p>9.2 Limited liability<p>Smallpdf’s total liability in any matter arising out of or related to these terms is limited to CHF 100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is higher. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.</p>9.3 Limitation<p>The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.</p>10.