1. Disclaimer of Certain Damages
To the maximum extent permitted by applicable law, Zenbitx LLC and its affiliates shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages. This includes, without limitation:
- Loss of profits, revenue, business, or anticipated savings.
- Loss of data, goodwill, or corporate reputation.
- Business interruption or system downtime.
- Inaccuracies, errors, or hallucinations in AI-generated outputs.
- Strategic decisions made based on AI-generated content.
This applies regardless of the theory of liability (contract, tort, or negligence), even if Zenbitx LLC was advised of such possibilities.
2. Maximum Aggregate Liability
The total aggregate liability of Zenbitx LLC arising out of these Terms shall not exceed the greater of:
- The total fees paid by the user during the twelve (12) months preceding the claim.
- USD $100.00 (One Hundred Dollars).
3. AI-Specific Risk Allocation
Users acknowledge that Pixizen operates on probabilistic neural models. By using the service, you agree that:
- Assumption of Risk: You assume all risks associated with the interpretation and reliance on AI-generated data.
- No Validation: Zenbitx LLC is not responsible for verifying or guaranteeing the legality or suitability of machine-generated assets.
4. Third-Party Services
Zenbitx LLC shall not be liable for failures or security incidents caused by third-party providers, including AWS infrastructure, payment processors, or external API integrations.
5. Exclusions & Statutory Rights
Nothing in this section shall exclude liability for:
- Death or personal injury caused by gross negligence.
- Fraud or fraudulent misrepresentation.
- Any liability that cannot be lawfully excluded under the laws of New Mexico or your local jurisdiction.
6. Jurisdictional Variations
In jurisdictions that do not allow the exclusion of certain damages, our liability is limited to the maximum extent permitted by that specific law.
LEGAL NOTICE
This Limitation of Liability is a fundamental basis of the agreement between the user and Zenbitx LLC and reflects a deliberate allocation of risk.