5. Indemnity

The user agrees that Brewlabs Collective Pty Ltd, its directors, staff, affiliates, agents, successors and contractors is completely indemnified from any and all risk including, without limitation; actions, decisions, smart contract functions, general responsibility, day to day operation, expense, loss, other actions yet to be defined but can be later deemed as malicious or negligent, tax liability or responsibility taken by the project owner once this contract has been deployed and transferred to the project owner defined as the user.

In no event will Brewlabs Collective Pty Ltd or any of its its directors, staff, affiliates, agents, successors and contractors be liable under or in connection with the scope of work or its subject matter under any legal or equitable theory, including breach of this scope of work, tort (including negligence), strict liability and otherwise, for any:

Loss of production, use, business, revenue or profit or loss of data or diminution in value,

Impairment, inability to use or loss, interruption, or delay of the services,

Loss, damage, corruption, or recovery of data, or breach of data or system security,

Cost of replacement goods or services,

Consequential, incidental, indirect, exemplary, special, enhanced or punitive damages, regardless of whether such persons were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

Brewlabs Collective Pty Ltd is indemnified from any claim of financial loss or token assets that the user may incur due to human error within the smart contract or decentralised applications offered on the Brewlabs platform.

The user agrees that Brewlabs Collective Pty Ltd is completely indemnified against any claim or loss resulting from maintenance or unavailability of the Brewlabs platform. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.