Limitation of Liability

1. The basis of this allocation

Liberonym is a preliminary screening and decision-support service. It reports what it found, states plainly what it could not check, and leaves the decision with you. Because Liberonym does not decide, advise or clear, it cannot underwrite the consequences of a naming decision.

2. What is never excluded

Nothing on this page or anywhere in the Terms excludes or limits liability that cannot lawfully be excluded or limited. That includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct where applicable law does not permit exclusion, and for any other liability that applicable law prohibits excluding.

Mandatory consumer protection rights are unaffected. Nothing here reduces the statutory rights of a consumer.

3. Service provided as is

To the fullest extent permitted by law, and subject to section 2, the Service and its outputs are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, completeness or uninterrupted availability.

4. Matters outside Liberonym’s responsibility

Subject to section 2, Liberonym is not responsible for:

• the accuracy, completeness, timeliness or availability of information published by official registers, registries and other external sources;
• information that exists but was not found, was not published at the time of searching, or sits in a check shown as “Unable to verify”, “Couldn't check”, “Not currently covered”, none of which is a clean result;
• unregistered, common-law or reputation-based rights, which are not comprehensively discoverable from published registers;
• outcomes of your naming, branding, registration, filing, purchasing or commercial decisions, including objections, oppositions, refusals, disputes, rebranding costs or lost opportunity;
• interruption, degradation, rate limiting or withdrawal of access by third-party sources or infrastructure providers;
• your failure to obtain professional legal advice where a report indicates that professional review is appropriate.

5. Excluded losses

Subject to section 2, and to the fullest extent permitted by law, Liberonym is not liable for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, business, goodwill, reputation, brand value, anticipated savings, data or opportunity, however arising and whether or not foreseeable.

6. Cap on liability

Subject to section 2, and to the fullest extent permitted by law, Liberonym’s total aggregate liability arising out of or in connection with the Service, whether in contract, tort (including negligence), statutory duty or otherwise, is limited to the greater of:

• the total amount you paid to Liberonym for the Service in the twelve (12) months immediately preceding the event giving rise to the liability; or
• one hundred euro (€100).

Where the Service was provided to you free of charge, the second limb applies.

7. Business Users

Where you use the Service other than as a consumer, you accept that the limitations in this page are a reasonable allocation of risk given the preliminary, evidence-presenting nature of the Service and the price paid for it, and you are responsible for obtaining professional advice appropriate to your commercial exposure.

8. If a limitation is unenforceable

If any limitation or exclusion in this page is held to be unenforceable in whole or in part, it applies to the maximum extent permitted by applicable law, and the remaining provisions continue in full force.