Warranty Disclaimer & Limitation of Liability

1. Scope and Customer Classification

OSPHERIX ("OSPHERIX", "Licensor", or "we").

OSPHERIX products are sold exclusively to businesses, professionals, and other entities acting in a commercial, industrial, craft, or professional capacity ("Licensee" or "you"). By purchasing or activating a license you confirm that you are acquiring the software for business or professional use and not as a consumer. Consumer protection legislation — including EU Directive 2019/770 and Romanian Law no. 266/2022 — does not apply to these transactions.

2. Software Provided "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OSPHERIX SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

OSPHERIX EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Any implied warranty of merchantability or fitness for a particular purpose.
• Any implied warranty that the software will be error-free, uninterrupted, or free of defects.
• Any implied warranty of compatibility with any specific hardware, operating system, third-party driver, or peripheral device.
• Any implied warranty that the software will meet Licensee's specific business requirements or produce specific results.
• Any implied warranty arising from course of dealing, usage, or trade practice.

Use of the software is entirely at Licensee's own risk. Licensee is solely responsible for evaluating the software's suitability for its intended use before purchase, including through use of the available demo license.

3. No Obligation to Update or Maintain Compatibility

OSPHERIX does not warrant that the software will remain compatible with any future version of any operating system, hardware, camera driver, printer firmware, or third-party dependency. OSPHERIX reserves the right to release updates, modify features, or discontinue support for any version at any time without notice and without liability.

Any updates, patches, or new versions released by OSPHERIX are provided at our sole discretion and do not create any future obligation to deliver further updates.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSPHERIX'S TOTAL CUMULATIVE LIABILITY TO LICENSEE FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SOFTWARE, THE LICENSE, OR THESE TERMS — WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE FOR THE APPLICABLE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL OSPHERIX BE LIABLE FOR ANY:

• Loss of profits, revenue, business, or contracts.
• Loss of data or corruption of data.
• Loss of anticipated savings or wasted expenditure.
• Business interruption or event cancellation.
• Indirect, incidental, special, consequential, or punitive damages.
• Damages arising from reliance on the software for time-critical professional events.

These exclusions apply even if OSPHERIX has been advised of the possibility of such damages and regardless of the theory of liability.

Nothing in this section excludes liability for damages caused by intentional misconduct (dol) or gross negligence (culpă gravă) on the part of OSPHERIX, as required by Romanian Civil Code art. 1355.

5. Defect Notification Period

Licensee must notify OSPHERIX of any alleged software defect within thirty (30) calendar days of the date the defect was first discovered or should reasonably have been discovered. Claims not notified within this period are permanently waived.

Notification must be sent to support@ospherix.com and include: license ID, software version, operating system, a precise description of the defect, and steps to reproduce it.

6. Good-Faith Technical Support

Notwithstanding the warranty disclaimer above, OSPHERIX will use commercially reasonable efforts to investigate reported defects that appear to originate from the software itself (as opposed to third-party hardware, drivers, or environment issues). Any remediation we provide is a goodwill gesture and does not constitute an admission of warranty obligation or create future support obligations.

Support response targets and scope are described in the Support Policy.

7. Force Majeure

OSPHERIX shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, power failures, internet or infrastructure outages, acts of government, third-party service provider failures, or cyberattacks.

8. Entire Agreement

This warranty disclaimer, together with the Software License Agreement, Business Terms, and Refund Policy, constitutes the entire agreement between OSPHERIX and Licensee regarding warranties and liability. Any prior representations, statements, or warranties not contained in these documents are excluded.

9. Governing Law and Jurisdiction

This warranty disclaimer is governed by Romanian law. Any dispute arising from or related to it shall be subject to the exclusive jurisdiction of the competent courts in Bucharest, Romania.

10. Policy Updates

We may update this document to reflect changes in law, product, or operations. The latest version date is shown at the top of this page. Continued use of the software after an update constitutes acceptance of the revised terms.