11. Liability

11.1 NO LIABILITY FOR SCHEME OWNERS AND THIRD PARTY ACQUIRERS

Adyen shall only be liable for its own acts or omissions and not for acts or omissions of third parties. This exclusion expressly applies to acts or omissions of Scheme Owners and Acquirers or for events or activities originating outside the systems of Adyen (such as internet disturbances or malfunctions in third party systems), except in case such events were caused by the intent or gross negligence of Adyen.

11.2 RESERVED

11.3 LIMITATION OF LIABILITY

The total liability of Adyen under the Merchant Agreement towards Merchant for breach of contract, tort or under any other legal theory in any calendar year is limited to an amount equal to the total Processing Fees paid by the Merchant to Adyen during the previous full calendar year (or if no Services were provided in the previous calendar year, the total Processing Fees paid in the initial 12 months of the term of the Merchant Agreement).

Adyen shall not be liable for breach of contract, tort or under any other legal theory for any loss of profit, business, contracts, revenues or anticipated savings, or damage to good name; or for any special, indirect, or consequential damages.

Neither Adyen nor any other party to the Merchant Agreement excludes or limits its liability under the Merchant Agreement for intent, gross negligence, death, fraud or personal injury.