12. EXCLUSIONS FOR LIABILITY AND INDEMNITY
Recipients
12.1 By signing this agreement, you acknowledge that we, our licensors, and the Affiliates of each of these parties, as well as their officers, directors, members, employees, and agents, will be shielded and released from any claims, costs, damages, losses, liabilities, and expenses (including legal fees and costs) arising from or related to:
12.1.1 Your disrespect for our usage policies and other applicable laws, including the Nigeria Data Protection Act of 2023; and
12.1.2 How you utilize the system or service, including:
12.1.2.1 third-party lawsuits brought about by your usage of the service or system;
12.1.2.2 Any damage resulting from the ownership, use, misuse, or negligence of third-party software, including operating systems, browsers, and other software packages or applications;
12.1.2.3 Any unauthorized access to your account, loss or access to data, or damage, theft, or destruction of a mobile device; and
12.1.2.4 Any loss or damage we may incur as a result of a breach of these Terms of Use, including but not limited to third-party systems or facilities that aren't working properly or aren't available, fraudulent information given by third parties, or third parties that can't finish a transaction.
Exclusion of Liability
12.2 We will not be responsible for any losses you may incur if any of your mobile devices malfunction or if the service is interrupted or unavailable for any reason that is not within our control, including an error or force majeure, a system failure caused by terrorist or enemy activity, a power outage, inclement weather or atmospheric conditions, or a failure of any public or private telecommunications system.
12.3 The program is only intended for personal use. We disclaim all liability for any lost profits, business interruptions, or missed business opportunities. You are aware that the App is not intended for commercial, business, or resale purposes.
12.4 You acknowledge that we cannot be held liable for any losses or damages resulting from or connected to:
12.4.1 any defect or issue resulting from your modification or personalization of the application or service;
12.4.2 any application defect or issue resulting from your violation of these terms of use;
12.4.3 The sixth clause has been violated.
12.4.4 Your mobile money account does not have enough money.
12.4.5 A lawsuit or other legal action involving your account funds prevents payments or transfers; You fail to provide sufficient and clear instructions for any account-related payments or transfers; Your mobile device, the network, the system, or a mobile money system malfunctions, fails, is unavailable, or is otherwise interrupted.
12.4.6 engaging in unethical or unlawful use of the system, your mobile device, or the service; or
12.4.7 Your disobedience of these usage rules and any guidance we may have provided on how to use the service and system.
12.5 Even if we are aware that such loss or damage may occur, we will not be held responsible for any indirect or consequential loss or damage of any type that arises from or is related to the service, regardless of the cause. Insurance does not cover losses and damages.
12.6 Our maximum aggregate liability with respect to the App, the system, the service, and/or these terms of use, whether in contract, tort, breach of statutory duty, or otherwise, shall not exceed the service fees you paid us in connection with the first event giving rise to a claim under these terms of use, to the extent permitted by applicable law and unless otherwise specified in these terms of use.
12.7 Unless otherwise specified in these Terms of Use, you have six (6) months from the events giving rise to any claims you may have against us regarding the App, the system, the service, or these Terms of Use to notify us of those claims. If you do not comply, you will forfeit any rights and remedies you may have in relation to this claim to the fullest extent permitted by relevant law.
12.8 In particular, we disclaim any liability for:
or timeliness of messages you send or the data you receive through the app;
12.8.2 any loss or interruption in the delivery of messages or content that you access due to the use of third-party software—such as a mobile network service provider or Internet access service provider—that is beyond of our control;
12.8.3 potentially harmful viruses that can infect your mobile device or other property while you were using the app or browsing through any of its content;
12.8.4 Any information or correspondence that is utilized or intercepted without permission prior to receiving it by our systems or the application;
12.8.5 Unless it is due to our negligence, misconduct, or a violation of the laws safeguarding personal data, we will not be held accountable for any unauthorized use or access to the information we maintain about you or your transactions, to the degree permitted by applicable law.
12.8.6 Anything that comes from somewhere else.