/legal/9.-limitation-of-liability

Limitation of Liability

Effective Date: January 15, 2025

This Limitation of Liability clause ("Clause") forms an integral part of the Sitemap.xml Terms of Service and governs the scope of our responsibility regarding the use of our software, APIs, and related services. By accessing or using Sitemap.xml's products, you acknowledge and agree to the terms outlined below.

1. Disclaimer of Warranties

Sitemap.xml's services, including but not limited to sitemap generation, indexing APIs, and analytics dashboards, are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that our services will be uninterrupted, secure, timely, or error-free, nor do we guarantee that any specific results will be achieved from the use of our tools or that search engine indexing outcomes will meet your expectations.

2. Limitation of Damages

In no event shall Sitemap.xml, its affiliates, officers, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your access to or use of our services, even if we have been advised of the possibility of such damages.

Total Liability Cap: To the maximum extent permitted by law, our aggregate liability for any claim arising from or related to these terms or our services shall not exceed the total amount paid by you to Sitemap.xml during the twelve (12) months preceding the claim. For free-tier users, our total liability shall be limited to $0.

3. Service Interruptions & Performance Variability

Due to the dynamic nature of web crawling, search engine algorithms, and third-party infrastructure, we do not guarantee continuous service availability or specific performance metrics. Scheduled maintenance, unscheduled outages, rate limiting, or adjustments to indexing frequencies may occur. Sitemap.xml shall not be held liable for any business disruption, delayed indexing, or SEO ranking fluctuations resulting from such interruptions or technical adjustments.

4. Third-Party Dependencies & External APIs

Our services may interact with or rely upon third-party platforms, including search engine APIs (Google, Bing, Yandex), hosting providers, CDNs, and integrated CMS systems. Sitemap.xml assumes no responsibility for the availability, accuracy, or security of third-party services. Any issues arising from third-party API changes, policy updates, rate limits, or service discontinuations are outside our scope of liability.

5. User Responsibilities & Data Management

You are solely responsible for maintaining backups of your data, configurations, and submitted sitemaps. While we employ industry-standard security and redundancy measures, we do not guarantee against data loss, corruption, or unauthorized access. Sitemap.xml shall not be liable for any costs or damages associated with data recovery, migration, or system reconfiguration.

6. Compliance & Legal Requirements

Certain jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Accordingly, some limitations or exclusions in this Clause may not apply to you, and our liability shall be limited only to the extent permitted by applicable law. This Clause shall be interpreted in a manner that gives it maximum legal effect.

7. Severability & Amendments

If any provision of this Limitation of Liability is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Sitemap.xml reserves the right to update or modify this Clause at any time. Material changes will be communicated via email or through a notice on our platform. Continued use of our services following such modifications constitutes acceptance of the updated terms.

8. Contact for Legal Inquiries

If you have questions regarding this Limitation of Liability clause or wish to discuss service agreements, please contact our legal department at legal@sitemap.xml or through our official support portal.