Terms of Service - Cyber Startup Observatory

a) The @CSOFinder – Terms of Service

1.Premises

Smartrev Analytics Consultants SLU (“Smartrev”), with company registration number VAT ESB04603668 through the cyberstartupobservatory.com website and the @CSOFinder applications works to help organizations promote their companies, cybersecurity products and vision.

The terms as hereinafter appearing, the Privacy Policy and other instructions provided during the activation process, shall govern use of the website, its contents, services available at or through the website offered to the customers/you. These terms are are collectively referred to as “these Terms”.

By registering or activating your company, logging in our using Smartrev’s Cyber Startup Observatory website and its applications, in particular the e-Observatory and @CSOFinder, you are agreeing to be bound by these terms. If you have any questions or concerns about these terms, please contact us at: info@cyberstartupobservatory.com

You must go through these terms including the Privacy Policy before registering, logging in or making use of our services. These terms are enforceable against you or any entity using Smartrev’s applications and services (Cyber Startup Observatory website and its applications, the e-Observatory and @CSOFinder). If you do not agree, do not otherwise make use of services.

Smartrev reserves the right to change these terms at any time without any prior intimation. You are advised that any amendment to these terms or policies incorporated herein will only be notified on/through the Website or accessible links and you agree to read these terms before making use of services. The revised version/ terms shall be effective from the time the same is made publicly assessable on /through any link on the Website.

Smartrev permits you to make use of services only in accordance with these terms.

2.Definitions

The following words used in these terms have the following meaning:

@CSOFinder: application allowing you to find cybersecurity companies per market, company type, categories and industries.
“Smartrev’s Services” or “Services” denotes the services provided by Smartrev through the Cyber Startup Observatory website.
“Website” means the website cyberstartupobservatory.com through which the user can make use of Smartrev’s services;

3.Eligibility

By accepting this Agreement representing your company, you agree and warrant that: (i) You have sufficient authority within your company under applicable law to enter into this Agreement; (ii) you are duly authorized by your company to accept this Agreement and you have the authority to bind your company to this Agreement.

4.Registration

In order to access services, you are required to register and open a personal account, providing your personal information. You will be solely liable and responsible for all activities that occur under your account. You acknowledge and agree that you are solely responsible for maintaining secrecy and confidentiality of your username and password and other information provided.

You further acknowledge and agree that while making use of services you will provide yours true, accurate and complete information. You will be solely liable & responsible for providing wrong information. You are also solely responsible to maintain and promptly update the information provided while making use of services on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. You are prohibited from misrepresenting your identity or using identity of any other person while making use of services provided by Smartrev.

If provided information is untrue, inaccurate, not current or incomplete or Smartrev has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, its reserves the right to indefinitely suspend or terminate or block your use or access to the Website or use of Smartrev’s services and applications in any manner whatsoever.

You acknowledge and agree that you will keep yourself updated with all data, information and communication pertaining to you made available on the Website in relation to Smartrev’s services. You further agree that your use of the Website/ Smartrev or provision of any data or information including any correspondence (by email or otherwise) to or by Smartrev is through electronic records and you consent to receive communication from Smartrev via electronic records which will be deemed adequate service of notice.

5.Payment

The @CSOFinder product can be delivered with three different levels of service:

e-Bronze:
- Basic company profile.
- One product available for display on @CSOFinder.
- The Silver service fee is 250 € / Year (VAT not included).
- The e-Bronze is free for startups less than 5 years old. Once they do not meet this requirement, the normal e-Bronze fee will apply.
e-Silver
- Advanced company profile.
- Two products available for display on @CSOFinder.
- The Silver service fee is 450 € / Year (VAT not included).
- e-Silver customers will be shown with priority over e-Bronze customers on the @CSOFinder search engine.
e-Gold:
- Premium company profile
- Three products available for display on @CSOFinder.
- The Gold service fee is 799 € / Year (VAT not included).
- e-Gold customers will be shown with priority over e-Silver customers on the @CSOFinder search engine.

6.Contract Duration

The duration of the contract is twelve months from the signature date.

In case you decide to cancel the service before the end of the subscription period, we will cancel your service upon one-week’s notice.

Smartrev does not provide refunds for any fees or charges, including partially used periods and bank/merchant fees.

To cancel service you must contact us at:

info@cyberstartupobservatory.com

7.Ownership

The Website contains the description of services offered, other special features and tools, if any and other relevant information of the services rendered through the website. Smartrev reserves its right to vary the content from time to time.

We have right to use the content that you provide in connection with the services offered, however we do not claim ownership in any content that you upload, provide, make available or otherwise transfer on the services. You should only post content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. We also have right to use your organization logo and name in connection with the services provided.

8.Covenants of the user

You represent and warrant that (i) Your use of the Service will be in strict accordance with the Smartrev Privacy Policy, this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and (ii) Your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

You further acknowledge and agree that you may not permit, assist or allow any third party to: (a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute any Smartrev’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, website; (b) access or use this Website or any Smartrev’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on Your own or any third party’s website, platform or other online space or means; (c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Smartrev’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Smartrev’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies; (d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any of our servers to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means; (e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website; (f) breach the protection, security or authentication measures on the Website or on the Digital Platform; (g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity; (h) exploit or use the Website, any Smartrev’s Content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Website term of services or solicit the performance of any illegal activity or other activity which infringes the rights of Smartrev or others; (i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website or of the Digital Platform, or any systems or networks connected to the Website or to the Digital Platform; (j) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or of the Digital Platform or any transaction being conducted on the Website or on the Digital Platform, or with any other person’s use of the Website.

You represent and warrant that: (a) you own the content posted by you on the website/services or otherwise you have right to grant the license set forth in this Agreement; (b) your content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (c) by providing or posting your content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current or former employer or any potential employer, (d) any information you provide in a product review and vendor review is correct, and (e) any information you provide about your current, past or potential status as an employee of a certain employer is correct and complete. Please make sure that you only provide information to the services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality, non- disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be publicly accessible.

You also agree that any use of the services in violation of this agreement may result in, among other consequences, termination or suspension of your rights to use the services. We may disclose information about your use of the services in accordance with our privacy policy. We have the right (but not the obligation) to review any content and delete (or modify) any content that in our sole discretion violates this agreement or which is prohibited content, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this agreement, including without limitation, removing content from the services (or modifying it), terminating your membership and account, reporting you to law enforcement authorities, and taking legal action against you. You are solely responsible for creating backup copies of and replacing any content you post on the services at your sole cost and expense.

You will also not: (i) cover or obscure any advertisements on the services, or on the Smartrev’s page via HTML/CSS, scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the services or the network or services connected to the services; (iii) introduce software or automated agents to the services, or access the service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the services; or (iv) interfere with, disrupt, or modify any data or functionality of the services.

Smartrev reserve the right to discontinue or suspend Your access or use of the Website or of the Digital Platform, without notice, if (I) Smartrev reasonably deem you have violated the these terms of services or (II) Smartrev reasonably deem such a measure necessary for security reasons.

9.Disclaimer

The services are delivered to you “as is” and with all its faults.

Except to the extent specifically prohibited by applicable law, each service is provided “as is” and “as available” without guarantee or warranty of any kind by Smartrev.

Smartrev does not warrant or provide another similar assurance whatsoever that uninterrupted use or operation of any service, continued availability of any service or that any messages, content or information sent by our to you will be accurate transmitted in uncorrupted form or within reasonable period of time.

Smartrev in no event shall be liable for any direct, indirect, incidental, special consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the website use.

Nothing in this agreement imply or create any continued right to use Smartrev’s products and services after termination of this agreement.

10.Indemnity

You shall indemnify and hold harmless Smartrev from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this including policies incorporated herein by reference, or your violation of any law, rules or regulations or the third party’s policy, terms & conditions.

11.Privacy

The personal information / data including but not limited to the Information provided by you to the Website hall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to the General Data Protection Regulation (GDPR) and rules there under (Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

By using the Website and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Website by Smartrev. Smartrev only uses your information in the manner described in the Privacy Policy. If you do not agree to your information used in this way, please do not use the Website.

12.Breach of the agreement provisions

Smartrev may at its sole discretion, without limiting other remedies it may have in law and equity, take such action as it deems fit indefinitely suspend or terminate or block your Services, and/or refuse to provide you with access to the Website, use of Software or initiate any legal action it may deem fit, particularly in the event:

(i) You breach any of the provisions of these terms including any of the policies, documents, terms and conditions made there under which are incorporated therein by reference;

(ii) Smartrev is unable to verify or authenticate any information provided by you;

(iii) Smartrev believes that your actions may cause legal liability to Smartrev, other Users or yourself.

(iv) It is our policy to terminate the membership and privileges of any member who infringes copyright upon prompt notification to us by the copyright owner or his/her legal agent. In case of service suspended, blocked or terminated due to a breach of this agreement, Smartrev does not provide refunds for any fees or charges.

No actions, omissions or decisions taken by Smartrev shall waive any rights or claims that Smartrev may have against the User.

When you are suspended or blocked, you shall not register or attempt to register with the Website or use the Website or attempt to use or use Smartrev in any manner whatsoever until such time that you are reinstated for such use. Reinstatement shall be at the sole discretion of Smartrev.

You shall have no claim of any nature whatever against Smartrev, in case Smartrev exercises its right under this clause.

13.Force Majeure

Notwithstanding anything to the contrary herein, Smartrev shall not be liable if we are unable to deliver the service or are rendered unable to perform any of our obligations within the agreed time hereunder for any reason, including, without limitation, strikes, boycotts, war, terrorism, Acts of God, labour, troubles, riots, restraints of public authority, etc.

14.Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of Spain, including all matters of construction, validity, performance and enforcement. The parties agree that the city of Almeria, shall be the sole forum for any action brought against the other party.

b) The Observatory – Terms of Service

1.Definition and purpose of the Cybersecurity Observatory:

The Cybersecurity Observatory is a holistic approach to promote and increase the awareness of leading cybersecurity companies in the global financial services, healthcare, SME, e-commerce, manufacturing, critical infrastructure, public sector, transportation (automotive, aviation, rail & metro), education, technology and legal verticals among others.

This program includes:

The Observatory report, a quarterly report including leading companies, articles, surveys, research and other information purposely designed to appeal to senior cybersecurity executives in financial services
A weekly updated cybersecurity landscape slide, The CyberSlide, promoted on social networks and Smartrev’s site.
Relevant Sponsored Cybersecurity Articles (included in the subscription fee for Silver and Gold members)
Company of the Week initiative, designed to promote one of the participating companies on a weekly basis
CISO / Cyber Executive of the week interviews, engaging with some of the most prominent CISOs or senior cybersecurity executives in the world.
Product videos and CXO interviews uploaded from the Company to our site

As part of this process, Company will communicate the information to be included in the Observatory to Smartrev and allows Smartrev to include that information in the final Observatory report including, but not limited to, logos, products, services and other Company information.

2.Distribution of the Cybersecurity Observatory:

In order to push the Company’s brand into the referred industries and to increase the Company’s brand awareness and visibility, the Cybersecurity Observatory is going to be distributed globally, either through download from the Smartrev’s web (cyberstartupobservatory.com) or social networks.

Company is interested in this distribution and specifically allows Smartrev to conduct this process and to convey the information provided and included into the Cybersecurity Observatory to potential prospects in the target industries.

The distribution is going to take place on a quarterly basis.

Smartrev will contact Company by email to update the information included in the Observatory on a quarterly basis. Company should answer within the next 7 days. In case there is no timely answer, the existing information previously communicated will be included in Cybersecurity Observatory.

Company is allowed to use the Cybersecurity Observatory internally, for consumption for its employees or to create a link to Smartrev’s website but is not allowed to distribute it to customers or general public or through the Internet. Only Smartrev is allowed to distribute publicly the Cybersecurity Observatory.

3.- Exclusions to Confidential Information:

Confidential information does not include any information that (i) is publicly available, (ii) is communicated by Company to Smartrev to be included in the Cybersecurity Observatory. Smartrev is free to distribute information included in the Observatory to prospects of Company in order to achieve the goal of the Cybersecurity Observatory.

4.- Payment:

The Cybersecurity Observatory Service can be delivered with three different levels of service:

Bronze Service:
Provides the Company access to the Smartrev’s network being included in the Observatory report on a quarterly basis. The Company is allowed to include 2 pages in the Observatory Report.
Provides the Company access to Sponsored articles at a discounted rate (250€ + VAT per article). Normal price for non-members 750€+ VAT. Sponsored articles are provided by the Company and uploaded to Smartrev’s site and promoted by Smartrev’s team through a bespoke campaign.
Company is allowed to have one product video and one interview uploaded to Smartrev’s website per year.
The Company will be included in into the CyberSlide, which is promoted on a weekly basis.
The Company profile will be included on the Smartrev’s global search engine, the @CSOFinder as a Bronze member.
The Bronze service fee is 750€ / Year (VAT not included).
Silver Service:
- Includes all the services in Bronze plus:
  - Detailed Company information (up to 4 pages) included in the Cybersecurity Observatory.
  - Company will participate in the Company of the week
  - The Company’s logo with a link to the Company’s page will be added to Smartrev’s website and highlighted in the CyberSlide as a Silver Sponsor.
  - Company is allowed to upload up to 2 free sponsored articles a year to Smartrev’s site (included in the subscription fee). Up to 2 of these articles might be included in the Cybersecurity Observatory report provided that these articles are exclusive and new material.
  - The Company profile will be included on the Smartrev’s global search engine, the @CSOFinder as a Silver member.
  - The Silver service fee is 1500€ / Year (VAT not included).

Gold Service:
- Includes all the services in Silver plus:
  - Detailed Company information (up to 6 pages) included in the Cybersecurity Observatory.
  - The Gold Companies will be included as Gold sponsors of their Headquarters’ CyberSlide and two other Markets’ CyberSlides that are published on regularly on social networks achieving tremendous visibility.
  - Company is allowed to upload up to 4 free sponsored articles a year to Smartrev’s site (included in the subscription fee). Up to 4 of these articles might be included in the Startup Observatory report provided that these articles are exclusive and new material.
  - Participation in the CISO / Cybersecurity Leader of the Week program (1 interview a year to one CXO member of the Company).
  - The Company profile will be included on the Smartrev’s global search engine, the @CSOFinder as a Gold member.
  - The Gold service fee is 2500 €/ Year (VAT not included).

5.- Ownership:

All materials and information on the Cybersecurity Observatory including, without limitation, content, are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have provided their material to Smartrev.

Company shall remain the sole and exclusive owner of any information provided by Company to Smartrev.

Company commits to provide in Annex 2 content that does not violate third-party rights or applicable laws.

Smartrev is not responsible in any way for the veracity of the information provided by Company to be included on the Observatory.

Only Smartrev is allowed to publicly distribute the Cybersecurity Observatory. The Company can only use it internally or by linking to the Smartrev’s website.

6.- Contract duration:

The duration of the contract is twelve months from the purchase date including four distribution cycles of the Cybersecurity Observatory.

7.- Cancellation:

In case you decide to cancel the service before the end of the subscription period, we will cancel your service upon one-week notice.

Smartrev does not provide refunds for any fees or charges, including partially used periods and bank/merchant fees.

In case there are any outstanding fees at the moment of cancellation, you shall be required to pay for those outstanding fees.

To cancel the Cybersecurity Observatory service you need to contact us on:

info@cyberstartupobservatory.com

Smartrev will endeavour to cease serving you within three days following your cancellation

Smartrev reserves the unilateral right to cancel the Cybersecurity Observatory service if there is an amount owed under this Agreement that is past due by more than fifteen (15) days.

8.- Force Majeure:

Notwithstanding anything to the contrary herein, Smartrev shall not be liable to you if we are unable to distribute the content or are rendered unable to timely perform any of our obligations hereunder for any reason, including, without

limitation, strikes, boycotts, war, terrorism, Acts of God, labour, troubles, riots, restraints of public authority, etc.

9.- No Guarantees:

Smartrev does not guarantee the results of the distribution of the content in any manner. Smartrev does not guarantee the performance of the content provided to prospective financial institutions from a lead generation perspective.

10.- Non-Exclusive:

This contract is not exclusive as to your business, products or services. Smartrev and Company retain the complete and unqualified right to engage in business with persons and entities that may be in competition with the other party’s business, products or services.

11.- Limitation of Liability:

Neither Smartrev nor any of its employees, shareholders or directors shall be liable for any damages in excess of one time the most recent monthly fees that you paid to us.

12.- Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of Spain, including all matters of construction, validity, performance and enforcement. The parties agree that Almeria city, shall be the sole forum for any action brought against the other party.

c) The eObservatory – Terms of Service

1.- Definition and purpose of the Cybersecurity eObservatory:

The Cybersecurity eObservatory is a holistic approach to promote and increase the awareness of leading cybersecurity companies in the financial services, healthcare, SME, e-commerce, manufacturing, critical infrastructure, public sector, transportation (automotive, aviation, rail & metro), education, technology and legal verticals globally.

Smartrev Analytics Consultants SLU (“Smartrev”) is the editor and owner of the Cybersecurity eObservatory program and website (cyberstartupobservatory.com)

The eObservatory program includes:

Company featured on the @CSOFinder. The @CSOFinder is our global online search engine for cybersecurity companies. The @CSOFinder, pursues to promote the company, its vision, value proposition and products within the global cybersecurity community, generating business opportunities.
A weekly updated cybersecurity landscape slide, The CyberSlide, promoted on social networks and the Observatory site. The CyberSlide might be either a Market or Region map depending on availability.
Relevant Sponsored Cybersecurity Articles (included in the subscription fee for Bronze, Silver and Gold members)
Company of the Week initiative, designed to promote one of the participating companies on a weekly basis
CISO / Leader of the week interviews, engaging with some of the most prominent CISOs or senior cybersecurity executives in the world. Gold members are entitled to an interview per year for one of its cybersecurity leaders.
Product videos uploaded from the Company to our site

2.- Promotion of the Company information on the eObservatory:

As part of the promotion process, Company will include its information (company and product details, key features, differentiators, awards, partners and other relevant information on the Observatory website. Company allows the Observatory to promote that information including, but not limited to, logos, products, services and other Company information in order to achieve the goals of the eObservatory program.

The promotion will take place:

On the @CSOFinder search engine. The @CSOFinder will display the company information to prospecting customers to generate business opportunities for Company.
On the CyberSlide, the Company’s logo will be promoted regularly.
Sponsored articles from the Company will be promoted on our website and social networks.
The Company of the Week and CISO/Leader of the week will pursue to promote the company, its value proposition and its executives and their vision.
Product videos provided by the Company (up to 5’ duration and preferably hosted on Youtube or similar) will be promoted on our website to showcase the Company’s products and to increase awareness and generate business opportunities.

3.- Exclusions to Confidential Information:

Confidential information does not include any information that (i) is publicly available, (ii) is communicated by Company to Smartrev to be included in the Cybersecurity eObservatory and its associated website. Smartrev is free to distribute information included in the Observatory to prospects of Company and to general public in order to achieve the goal of the Cybersecurity eObservatory.

4.- Payment:

The eObservatory Service has three different levels of service:

eBronze Service:
The Company profile is featured on the @CSOFinder search engine as a Bronze member including 1 Company Product.
Company is allowed to upload 1 free sponsored articles a year to Smartrev’s site (included in the subscription fee). Smartrev will promote this article proactively on social networks.
Company is allowed to have one product video to Smartrev’s website per year.
The Company will be included in into the existing Market or Region CyberSlide, which is promoted regularly.
The Bronze service fee is 750€ / Year (VAT not included).
eSilver Service:
- Includes all the services in Bronze plus:
  - The Company profile is highlighted on the @CSOFinder search engine as a Silver member including 2 Company Products.
  - Company is allowed to upload up to 3 free sponsored articles a year to Smartrev’s site (included in the subscription fee).
  - Company will participate in the Company of the week
  - The Company’s logo with a link to the Company’s page will be added to Smartrev’s website and highlighted in the CyberSlide as a Silver Sponsor.
  - The Silver service fee is 1500€ / Year (VAT not included).

eGold Service:
- Includes all the services in Silver plus:
  - The Company profile is highlighted on the @CSOFinder search engine as a Gold member including 2 Company Products. Company is also displayed on up to three markets on the @CSOFinder.
  - The Gold Companies will be included as Gold sponsors of their Headquarters’ CyberSlide and two other Markets’ CyberSlides that are published on regularly on social networks achieving tremendous visibility.
  - Company is allowed to upload up to 6 free sponsored articles a year to Smartrev’s site (included in the subscription fee).
  - Participation in the CISO / Cybersecurity Leader of the Week program (1 interview a year to one CXO member of the Company).
  - The Gold service fee is 2500 €/ Year (VAT not included).

5.- Ownership:

All materials and information on the Cybersecurity eObservatory including, without limitation, content, are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have provided their material to Smartrev.

Company shall remain the sole and exclusive owner of any information provided by Company to Smartrev.

Smartrev is not responsible in any way for the veracity of the information provided by Company to be included on the eObservatory.

6.- Contract duration:

The duration of the contract is twelve months from the purchase date. All the services described above need to be consumed during the contract duration. They are not accumulative in case the customer decides to renew.

7.- Cancellation:

In case you decide to cancel the service before the end of the subscription period, we will cancel your service upon one-week notice.

Smartrev does not provide refunds for any fees or charges, including partially used periods and bank/merchant fees.

To cancel the Cybersecurity eObservatory service you need to contact us on:

info@cyberstartupobservatory.com

Smartrev will endeavour to cease serving you within three days following your cancellation.

8.- Force Majeure:

limitation, strikes, boycotts, war, terrorism, Acts of God, labour, troubles, riots, restraints of public authority, etc.

9.- No Guarantees:

10.- Non-Exclusive:

11.- Limitation of Liability:

Neither Smartrev nor any of its employees, shareholders or directors shall be liable for any damages in excess of one time the most recent monthly fees that you paid to us.