Customer Liability Limitation Tips

Summary

To limit liability in contracts, customers should understand terms, use products as intended, and keep transaction records. For termination clauses, propose shorter notice periods, prorated refunds, and no future fee obligations. Beta features should remain free during the beta period, with fees only after 30 days notice. Ensure support, data security, and warranties apply to beta features. Indemnity and liability caps should not exceed amounts paid. Force majeure clauses should allow termination if events last over 30 days. Customers pay only for usage, with refunds for unperformed services. No auto-renewal unless agreed in writing.

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make it favour of customer:
To favor the customer in limiting liability against a spellbook:
- Thoroughly read and understand the terms and conditions.
- Use the spellbook only as intended.
- Keep detailed records of all transactions and communications.
- Contact the seller immediately for any clarifications or issues.
- Consider consulting a lawyer if any disputes arise.
Do you have any specific concerns or details about your situation that you need further assistance with?
(b) Customer may terminate this Agreement, or any Order or subscription hereunder, for any reason or for no reason by giving 30 days’ prior written notice to Spellbook; provided, however, that if Customer terminates for convenience under this section, Customer remains obligated to pay all Subscription Fees owed for the remainder of the then-current terms, all of which Subscription Fees will become immediately due and payable in full (if not already pre-paid).
To make the termination clause more favorable to the customer, you could suggest the following modifications:
- Allow termination with a shorter notice period, such as 15 days.
- Propose a prorated refund for any unused portion of the subscription.
- Limit the obligation to pay future subscription fees upon termination.
Would you like help drafting these changes?
Yes
To assist you further with drafting these changes, you can consider the following suggestions:
- Reduce the notice period to 15 days.
- Offer a prorated refund for the unused subscription period.
- Remove the obligation to pay future subscription fees post-termination.
Would you like help drafting a specific clause or any other legal information?
(b) Customer may terminate this Agreement, or any Order or subscription hereunder, for any reason or for no reason by giving 30 days’ prior written notice to Spellbook; provided, however, that if Customer terminates for convenience under this section, Customer remains obligated to pay all Subscription Fees owed for the remainder of the then-current terms, all of which Subscription Fees will become immediately due and payable in full (if not already pre-paid).
To make the termination clause more favorable to the customer, you could rephrase it as follows:
(b) Customer may terminate this Agreement, or any Order or subscription hereunder, for any reason or for no reason by giving 15 days’ prior written notice to Spellbook. If Customer terminates for convenience under this section, Customer will be entitled to a prorated refund for any unused portion of the subscription and will not be obligated to pay any future Subscription Fees post-termination.
Would you like any more assistance with this or any other legal matter?
Rephrase this in favour of customer
Sure, here is a rephrased version in favor of the customer:
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Question: How can a customer limit their liability against Spellbook?
Answer:
To limit liability against a spellbook, customers can:
- Read and understand the terms and conditions.
- Ensure the product is used as intended.
- Keep records of all transactions and communications.
- Contact the seller for any clarifications.
Do you have a specific concern or situation regarding the spellbook?
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Question: How can I make the termination clause more favorable to the customer?
Answer:
Customers may terminate this Agreement, or any Order or subscription hereunder, for any reason or no reason by giving 30 days’ prior written notice to Spellbook; however, if a customer terminates for convenience under this section, they remain obligated to pay all Subscription Fees owed for the remainder of the current term, all of which will become immediately due and payable in full (if not already pre-paid).
To make the termination clause more favorable to the customer, you could suggest the following modifications:
- Allow termination with a shorter notice period, such as 15 days.
- Propose a prorated refund for any unused portion of the subscription.
- Limit the obligation to payfuture subscription fees upon termination.
Would you like help drafting these changes?
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Answer: Yes
Question: To assist you further with drafting these changes, you can consider the following suggestions:
- Reduce the notice period to 15 days.
- Offer a prorated refund for the unused subscription period.
- Remove the obligation to pay future subscription fees post-termination.
Would you like help drafting a specific clause or any other legal information?
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Answer: Rephrase this in favor of the customer.
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Would you like further assistance with anything else?
Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the Spellbook AI Platform immediately, and delete all copies of the Documentation in its possession or control.
To make the termination clause more favorable to the customer, you could rephrase it as follows:
(b) Customer may terminate this Agreement, or any Order or subscription hereunder, for any reason or for no reason by giving 15 days’ prior written notice to Spellbook. If Customer terminates for convenience under this section, Customer will be entitled to a prorated refund for any unused portion of the subscription and will not be obligated to pay any future Subscription Fees post-termination.
Would you like to know more about termination clauses or any other legal matters specific to Maharashtra?
Make it favorable for customer -Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the Spellbook AI Platform immediately, and delete all copies of the Documentation in its possession or control.
To make the clause more favorable for the customer, you could rephrase it as follows:
Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the Spellbook AI Platform immediately. Customer will delete all copies of the Documentation in its possession or control, except for archival copies retained solely for legal compliance purposes.
Would you like more assistance with this or any other legal matter?
Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the Spellbook AI Platform immediately, and delete all copies of the Documentation in its possession or control.
To make the termination clause more favorable for the customer, you could rephrase it as follows:
- Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the Spellbook AI Platform immediately. Spellbook will promptly provide a prorated refund for any unused portion of the subscription. Customer will delete all copies of the Documentation in its possession or control within 30 days.
Would you like any more assistance with this or any other legal matter?
Make it mutual: Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the Spellbook AI Platform immediately, and delete all copies of the Documentation in its possession or control.
To make the termination clause more mutual and balanced, you could rephrase it as:
- Upon expiration or termination of this Agreement for any reason, both parties agree to cease any use of the other's proprietary materials immediately. Both parties will also delete all copies of the other's Documentation in their possession or control within 30 days.
Would you like any more assistance with this or any other legal matter?
(b) Beta Features offered initially at no charge to the Customer may be subject to additional fees or charges upon the expiration of any free period term set forth in an applicable Order (or, if there is no stipulated period term in an Order for such Beta Features, upon 15 days’ notice by Spellbook);
To make the clause more favorable for the customer, consider the following rephrasing:
- (b) Beta Features offered initially at no charge to the Customer may only be subject to additional fees or charges upon the expiration of any free period term set forth in an applicable Order, with at least 30 days' prior written notice by Spellbook.
Would you like any more assistance with this or any other legal matter?
Make it more favourable for customer :
To make the clause more favorable for the customer, you could rephrase it as follows:
(b) Beta Features offered initially at no charge to the Customer will remain free of charge for the entire duration of the beta period. Upon expiration, any potential fees or charges will only apply after a minimum of 30 days' notice provided by Spellbook.
Would you like any more assistance with this or any other legal matter?
(b) Beta Features offered initially at no charge to the Customer may be subject to additional fees or charges upon the expiration of any free period term set forth in an applicable Order (or, if there is no stipulated period term in an Order for such Beta Features, upon 15 days’ notice by Spellbook);
To make the clause more favorable for the customer, you could rephrase it as follows:
- (b) Beta Features offered initially at no charge to the Customer will remain free for the duration of the term set forth in an applicable Order. If there is no stipulated period term in an Order, Spellbook must provide 30 days’ notice before imposing any fees or charges for Beta Features.
Would you like more assistance with this or any other legal matter?
(d) Section *.* (Support and Updates), Section *.* (Data Security), and Section *.* (Spellbook Warranties) do not apply to Beta Features, and Spellbook disclaims any liability related to these provisions for Beta Features, except to the extent they apply to the underlying Spellbook AI Platform; further, Customer’s sole and exclusive remedy for any claim related to the Beta Features will be limited to cessation of use of such Beta Features
To make the clause more favorable for the customer, you could rephrase it as follows:
- (d) Sections *.* (Support and Updates), *.* (Data Security), and *.* (Spellbook Warranties) do not apply to Beta Features, and Spellbook disclaims any liability related to these provisions for Beta Features, except to the extent they apply to the underlying Spellbook AI Platform. However, Spellbook will provide reasonable support and updates for Beta Features and ensure data security measures are in place. Customer’s sole and exclusive remedy for any claim related to the Beta Features will be limited to cessation of use of such Beta Features and a prorated refund for any fees paid.
Would you like assistance with any other legal matter?
o make the clause more favorable for the customer,
To make the clause more favorable for the customer, you could rephrase it as follows:
- (d) Section *.* (Support and Updates), Section *.* (Data Security), and Section *.* (Spellbook Warranties) will apply to Beta Features. Spellbook will be liable for any issues related to these provisions for Beta Features. Customer’s remedy for any claims related to Beta Features will not be limited to cessation of use.
Would you like any more assistance with this or any other legal matter?
make the clause more favorable for the customer:
To make the clause more favorable for the customer, you could rephrase it as follows:
- (d) Section *.* (Support and Updates), Section *.* (Data Security), and Section *.* (Spellbook Warranties) will apply to Beta Features. Spellbook will not disclaim liability for these provisions related to Beta Features. Customer’s sole and exclusive remedy for any claim related to the Beta Features will be a prorated refund and cessation of use of such Beta Features.
Would you like more assistance with this or any other legal matter?
(e) Notwithstanding subsection *.*(d), Spellbook’s indemnity for an IP Claim under Section *.*, as well as its limitation of liability dollar cap under Section *.*, is subject to a maximum cumulative and aggregate cap of CAD $*,*; and
To make the clause more favorable for the customer, you could rephrase it as follows:
- (e) Notwithstanding subsection *.*(d), Spellbook’s indemnity for an IP Claim under Section *.*, as well as its limitation of liability dollar cap under Section *.*, is subject to a maximum cumulative and aggregate cap of CAD $*,*; however, Customer’s compensation for any proven damages will not be limited to this cap.
Would you like more assistance with this or any other legal matter?
make it favourable for customer:
To make the clause more favorable for the customer, you could rephrase it as follows:
- (e) Notwithstanding subsection *.*(d), Spellbook’s indemnity for an IP Claim under Section *.*, as well as its limitation of liability dollar cap under Section *.*, will not exceed CAD $*,* per claim. This cap may be adjusted periodically based on customer feedback and mutual agreement.
Would you like any more assistance with this or any other legal matters?
(e) Notwithstanding subsection *.*(d), Spellbook’s indemnity for an IP Claim under Section *.*, as well as its limitation of liability dollar cap under Section *.*, is subject to a maximum cumulative and aggregate cap of CAD $*,*; and
To make the clause more favorable for the customer, you could rephrase it as follows:
- Notwithstanding subsection *.*(d), Spellbook’s indemnity for an IP Claim under Section *.*, as well as its limitation of liability dollar cap under Section *.*, shall not exceed the total amount paid by the Customer under this Agreement, with no maximum cumulative or aggregate cap.
Would you like any more assistance with this or any other legal matter?
*.*. Force Majeure. No delay, failure, or default (other than a failure to pay fees when due), will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control.
To make the Force Majeure clause more favorable for the customer, you could consider the following changes:
- Include a provision for the customer to suspend or terminate the agreement if the force majeure event lasts for an extended period, such as 30 days.
- Specify that the customer will not be liable for any fees during the force majeure period.
- Clarify that the customer can request an extension of deadlines affected by the force majeure event.
Would you like help drafting these changes?
make it in favour of customer
To make the clause more favorable for the customer, you could rephrase it as follows:
- *.*. Force Majeure. No delay, failure, or default (other than a failure to pay fees when due), will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control. The Customer shall have the right to suspend their obligations under this Agreement without penalty during such force majeure events.
Would you like any more assistance with this or any other legal matters?
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Case Rating: *.
To make the Force Majeure clause more favorable for the customer, you could rephrase it as follows:
- *.*. Force Majeure. No delay, failure, or default (other than a failure to pay fees when due) will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control. In such cases, the customer may terminate the agreement with immediate effect and receive a prorated refund for any unused portion of the subscription.
Would you like more assistance with this or any other legal matter?
*.*. Force Majeure. No delay, failure, or default (other than a failure to pay fees when due), will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control.
To make the Force Majeure clause more favorable for the customer, you could rephrase it as follows:
*.*. Force Majeure. No delay, failure, or default (other than a failure to pay fees when due) will constitute a breach of this Agreement if caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or nature, strikes, labor disputes, riots, civil disorder, embargoes, government orders related to the foregoing, or other causes beyond the performing party’s reasonable control. In such cases, the customer may suspend their obligations without penalty until normal conditions resume.
Would you like any assistance with other legal matters?
Make it in favour of customer:
To make the Force Majeure clause more favorable for the customer, you could rephrase it as follows:
- *.*. Force Majeure. No delay, failure, or default (other than a failure to pay fees when due), will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of nature, strikes or other labor disputes, riots, or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party's reasonable control. The customer will have the right to terminate the Agreement without penalty if such force majeure events persist for more than 30 days.
Would you like any more assistance with this or any other legal matter?
*.*. Force Majeure. No delay, failure, or default (other than a failure to pay fees when due), will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control.
To make the force majeure clause more favorable for the customer, you could rephrase it as follows:
- *.*. Force Majeure. No delay, failure, or default (other than a failure to pay fees when due) will constitute a breach of this Agreement if caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or nature, strikes, labor disputes, riots, civil disorder, embargoes, government orders, or other causes beyond the performing party’s reasonable control. In such events, the Customer shall have the right to terminate the agreement without penalty if the force majeure event lasts for more than 30 days.
Would you like any more assistance with this or any other legal matter?
Rephrase this:Customer will be obligated to pay only for total usage availed by Customer, Spellbook will refund to Customer a prorated amount of prepaid fees for any unperformed Services.
Customer will be obligated to pay only for the total usage availed. Spellbook will refund a prorated amount of prepaid fees for any unperformed services.
Rephrase this:
Sure, here's a rephrased version:
"Customer is obligated to pay only for the total usage availed. Spellbook will refund a prorated amount of prepaid fees for any unperformed Services."
Would you like any more assistance with this or any other legal matter?
Customer will be obligated to pay only for total usage availed by Customer, Spellbook will refund to Customer a prorated amount of prepaid fees for any unperformed Services.
To make it more favorable for the customer, you could rephrase it as follows:
- Customer will only be obligated to pay for the total usage availed. Spellbook will promptly refund a prorated amount of prepaid fees for any unperformed services.
Would you like any more assistance with this or any other legal matter?
Sample clause for no auto renew
Here's a sample clause to prevent automatic renewal of a contract:
- No Auto-Renewal: This Agreement, including all Orders and subscriptions hereunder, shall not automatically renew. Upon the expiration of the current term, the Agreement will terminate unless both parties mutually agree in writing to renew the Agreement for an additional term.
Would you like any more assistance with this or any other legal matter?
Can you give sample no auto renew clause?
Sure, here's a sample no auto-renewal clause:
- This Agreement will not automatically renew. Upon the expiration of the current term, the Agreement will terminate unless both parties mutually agree to renew it in writing. No further action will be required by either party to prevent automatic renewal.
Would you like any more assistance with this or any other legal matter?
Rephrase thishe Subscription Term will not automatically renew unless Securonix, Inc. agrees to renew it in writing.
The Subscription Term will only renew if Securonix, Inc. provides written consent to do so.
Would you like any more assistance with this or any other legal matter?
Improve it
Sure, here's an improved version:
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Customer Liability Limitation Against Spellbook:
- Termination Clause:
- Customer may terminate this Agreement or any Order or subscription for any reason with 15 days' written notice to Spellbook.
- Spellbook will promptly provide a prorated refund for any unused portion of the subscription.
- Customer will not be obligated to pay future Subscription Fees post-termination.
- Upon termination, both parties agree to cease use of each other's proprietary materials and delete all copies of Documentation within 30 days.
- Beta Features:
- Beta Features offered initially at no charge will remain free for the entire beta period.
- Any subsequent fees or charges will only apply after a minimum of 30 days' notice.
- Specific Sections Applicability:
- Sections *.* (Support and Updates), *.* (Data Security), and *.* (Spellbook Warranties) will apply to Beta Features.
- Spellbook will be liable for any issues related to these provisions.
- Customer’s remedy for claims related to Beta Features includes a prorated refund and cessation of use.
- Indemnity and Liability Cap:
-Spellbook’s indemnity for an IP Claim under Section *.* and limitation of liability dollar cap under Section *.* will not exceed the total amount paid by the Customer under this Agreement, with no maximum cumulative or aggregate cap.
- Force Majeure:
- No delay, failure, or default (other than a failure to pay fees when due) will constitute a breach of this Agreement if caused by events beyond the performing party’s reasonable control.
- The Customer shall have the right to terminate the agreement without penalty if the force majeure event lasts for more than 30 days.
- Fee Obligations and Refunds:
- Customer will only be obligated to pay for the total usage availed.
- Spellbook will promptly refund a prorated amount of prepaid fees for any unperformed services.
- No Auto-Renewal Clause:
- The Subscription Term will not automatically renew unless Securonix, Inc. agrees to renew it in writing.
Would you like any more assistance with this or any other legal matter?
?
Sure, here is an improved version:
"The Subscription Term will not automatically renew unless Securonix, Inc. agrees to renew it in writing. Both parties must mutually agree to any renewal terms in advance."
Would you like any more assistance with this or any other legal matter?