16.1 ApolloDEX and the Services are provided by us on an “as is” basis without warranty of any kind.
16.2 In as far as allowed under applicable law, in no event shall ApolloDEX B.V., Apollo Fintech Ltd., their directors, advisors, employees or agents liable for any damages or losses in connection with or arising under the Terms or (the use of) the Services or ApolloDEX, including your use of, reliance upon, access to, or exploitation of ApolloDEX, or any part thereof, or any rights granted to you hereunder, whether the action is based on contract, tort, infringement of intellectual property rights or otherwise, unless it results from ApolloDEX B.V.’s intent or gross negligence.
16.3 To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Apollo Fintech Ltd. and Stichting ApolloDEX (including any directors, employees, advisors and agents), whether in contract, warranty, tort, product liability, or any other theory, arising out of or relating to the use of, or inability to use, ApolloDEX or to these Terms exceed the fees paid by you to ApolloDEX during the twelve (12) months immediately preceding the date of any claim giving rise to such liability.
16.4 You agree to defend, indemnify and hold harmless Apollo Fintech Ltd. (and each of their directors, employees, agents and affiliates) from any claim, demand, action, damage, loss, or expense, including attorneys’ fees, arising out or relating to (i) your use of, or conduct in connection with, our Services; (ii) your violation of these Terms; or (iii) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.