1. Section Scope & Legal Intent
2. Mandatory Standards & Operating Requirements
All participants subject to this policy must strictly adhere to the following mandatory standards:
- Under no circumstances shall ePaisay, its parent entities, subsidiaries, officers, or contractors be liable for lost profits, loss of business goodwill, data loss, or indirect damages.
- The maximum aggregate financial liability of ePaisay for all claims arising out of marketplace use is capped at the lesser of $100 USD or the actual net fees retained by ePaisay from the user in the preceding 90 days.
- Users agree that this limitation of liability represents a reasonable allocation of commercial risk, without which platform services would not be provided.
3. Explicit Prohibitions & Violation Triggers
The following actions constitute direct non-compliance and trigger automatic intervention by the Warning and Violation System:
- Instituting legal claims demanding consequential business damages resulting from scheduled server maintenance or API downtime.
- Seeking damages for lost retail profits due to dispute escrow holds, security freezes, or automated risk assessments.
- Challenging the enforceable validity of the statutory limitation of liability clause.
4. Warning & Violation System Enforcement Matrix
Each violation under this section is mapped directly to the automated warning and sanction ladder:
| Violation Code | Offense Description | Detection Method | Severity Tier | Cure Window | Mandatory Sanction |
|---|---|---|---|---|---|
VIOL-323-01 |
Threatening abusive external litigation in contravention of statutory liability caps. | Legal Escalation Intake | Tier 3 (High) | Immediate | Account placed into legal-hold status; communication restricted to legal counsel. |
VIOL-323-02 |
Initiating third-party subrogation claims without exhausting platform arbitration. | Notice of Claim Review | Tier 3 (High) | Immediate | Suspension of payout privileges pending arbitration filing. |
VIOL-323-03 |
Filing ungrounded third-party injunctions against platform operations. | Legal Department Intake | Tier 4 (Critical) | Immediate | Permanent termination and immediate counter-claim for attorney fee recovery. |
5. Platform Safe Harbor & Limitation of Liability
Platform Intermediary Status: ePaisay provides the technological marketplace venue connecting independent counterparties. ePaisay is not a vendor, retailer, agent, or guarantor of any product, service, or transaction governed herein.
Total Disclaimer of Warranties: The platform disclaims all warranties of merchantability, fitness for particular purpose, and non-infringement to the fullest extent permissible by applicable law.
Limitation of Damages: In no event shall ePaisay, its officers, directors, or employees be liable for incidental, indirect, punitive, or consequential damages. Aggregate liability is strictly capped at the lesser of $100 USD or platform fees paid in the preceding three months.
Participant Indemnification: The participant agrees to defend, indemnify, and hold harmless ePaisay against any third-party claims, regulatory penalties, legal fees, or damages arising out of violations of this Section.