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7.4 i’m S.p.A. does not guarantee that the use of the i’m Watch software and services will
be interference free, that the i’m Watch software functions and services are suitable to
meet the user’s requirements, that the operability of the i’m Watch software and services
will be continuous or free from defects, that the services will continue to be available, that
the defects encountered in the i’m Watch software will be corrected or that the i’m Watch
software is compatible with applications or will function with third party apps, services or
software. The installation of this software may interfere with the operations of third party
software.
7.5 You further acknowledge that use of the i’m Watch software and services is not intended
for or suited to situations or environments in which the failure, delays, errors or inaccuracies
of content, data or information provided by i’m Watch software and services could cause
death, physical or environmental damage including, without limitation, situations using
nuclear facilities, flight instruments or communications with aircraft and air traffic control
systems, rescue services or weapons.
7.6 Any oral or written information or recommendations provided by i’m S.p.A. or authorised
representatives of i’m S.p.A. shall not, under any circumstances, be deemed as a form of
guarantee. In the case of defects in the i’m Watch software or services, all costs resulting
from any necessary interventions, fixes and repairs shall all be borne by the user. As certain
jurisdictions do not allow exclusion of implied warranties or limitations to rights granted by
consumer laws, the exclusion and the above limitations may not apply.
8. Limitations of Liability
Although not specifically prohibited by applicable law, i’m S.p.A. is relieved of all liability
for any personal injury or for any damages, direct or indirect, of all sort and kind, including,
without limitation, damages for loss in income, loss or corruption of data, errors in
transmission or reception of data, business interruptions or other commercial damages or
losses, pursuant to the use or misuse of the i’m Watch software, services or any software or
third-party application used in conjunction with the i’m Watch software, regardless of the
cause and source of liability (termination of contract, infringements or otherwise), even if
i’m S.p.A. has been advised of the possibility of such damages. As certain jurisdictions do
not allow the exclusion or limitation of liabilities for personal injuries or direct or indirect