e. [removed] 9. Disclaimers Subject to the agreed Service Level Agreements, the services are provided "As is." to the fullest extent permitted by law, except as expressly stated in this agreement, neither customer nor RELAYTO and its affiliates, suppliers, and distributors make any warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, or non-infringement. However, in case the services are not available for more than 24 hours, Customer has the right to terminate the agreement with immediate effect. 10. Limitation of Liability a. Limitation on Indirect Liability. To the fullest extent permitted by law, except for RELAYTO or customer's indemnification obligations, neither customer nor RELAYTO and its affiliates, suppliers, and distributors will be liable under this agreement for (I) indirect, special, incidental, consequential, exemplary, or punitive damages, or (ii) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose. b. Limitation on Amount of Liability. To the fullest extent permitted by law, RELAYTO's liability under this agreement will not exceed $100,000 in case of breach of applicable data privacy law, in particular the EU General Data Protection Regulation. To the fullest extent permitted by law, any other RELAYTO's liability under this agreement will not exceed the amount paid by customer for the services hereunder during the twelve months prior to the event giving rise to liability. 11. Disputes a. Informal Resolution. RELAYTO wants to address your concerns without resorting to a formal legal case. Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures in section 12(e). If a dispute is not resolved within 30 calendar days of notice, Customer or RELAYTO may bring a formal proceeding. b. Agreement to Arbitrate. Customer and RELAYTO agree to resolve any claims relating to this Agreement or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in a location which both parties agree to in writing. c. Exception to Agreement to Arbitrate. Either party may bring a lawsuit in the federal or state courts solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights without first engaging in the informal dispute notice process described above. Both Customer and RELAYTO consent to venue and personal jurisdiction there. 8 of 54