In the event of intent or gross negligence, Telefónica shall have unlimited liability.
For slight negligence, the liability of Telefónica shall be limited to an amount of Euro 10.000,-- , as far as no essential obligations under this Agreement have been breached which are of particular importance for the achievement of the purpose of this Agreement (cardinal obligations). In this case the liability shall be limited to the contractual foreseeable damages.
Liability for loss of data shall be restricted to the typical efforts needed to restore the data that would have occurred with the regular and reasonable production of backup copies.
In respect to injuries of life, body and health, the Parties shall have full liability notwithstanding the aforementioned restrictions to liability.
Telefónica does not warrant or guarantee and disclaims all liability and responsibility for the reliability, correctness and compliance of the data provided and the reliance placed on such data and Services. All service usage through the User happens at his own risk. The User shall be aware that the data processed through tingg shall not be of a nature that allows to reliably assess, monitor or otherwise use the actual health status, locations or any other activity or IoT Device status. The data provided must not be used for professional purposes and Telefónica does not warrant the continuous and error free provision of any data. Any damages caused through reliance on the correctness or completeness of the data provided including damages to body, health and life that were caused due to the reliance of the data are explicitly waived.