Bobby undertakes to supply the Solution and the Services with diligence and to professional standards, it being understood that Bobby has a best endeavours obligation, and not a performance obligation, which the Client acknowledges and expressly accepts.
Bobby’s responsibility is limited to supplying the tools and technical means to enable the Client and its Users to organise, lead and/or participate in Sessions. Bobby shall not in any case take part in organising or leading said Sessions.
Bobby acts in its own name and does not enter into any legal act in the name and on behalf of the Clients and their Users, who contract directly with one another.
Bobby is not party to the agreements concluded between the Client and its Users, the Facilitators, Moderators and Participants, and shall not in any case be held liable for any difficulties that may arise while concluding or executing said agreements, nor is Bobby party to any disputes that may arise therefrom.
Similarly, Bobby may not be held liable for difficulty accessing the Solution or its temporary inaccessibility that may be caused by external circumstances, force majeure, or which may be due to problems with telecommunication networks.
Bobby does not guarantee to the Clients (i) that the Services, which are subject to a constant effort to improve, in particular, their performance and progress, shall be totally free from errors, defects or faults, (ii) that the Services, as they are standard and under no circumstances offered specifically for the Client, will meet the Client’s specific needs and expectations.
In this case, Bobby’s liability is limited to only direct, personal and certain damage that the Client—who is up to date with any payment due—suffered, with the express exclusion of compensation for all indirect and immaterial damage and/or prejudice, such as: (a) the loss of profits, sales, activity or revenue, (b) interruption of activity, (c) loss of anticipated savings, (d) loss or corruption of data or information, (e) loss of clients, reputation or opportunities; or (f) any special, indirect, consecutive or purely economic loss, expense, fee, damage, cost; regardless of whether it was reasonably foreseeable, and even if Bobby has been informed of the possibility that the Client might suffer this loss or this type of loss, or if the repair, replacement or refund of the Solution does not fully compensate the Client for the losses suffered. In all cases, the amount of compensation will be capped at an amount equivalent to 2 monthly instalments owed under the Contract.