The SmartDriver app and all services provided or to be provided under these Terms are provided ‘as-is’ and, to the maximum extent permitted by law, TOWER and its directors, employees, agents and independent contractors disclaim any and all warranties, conditions, or representations (express or implied, oral or written) with respect to the SmartDriver app or any part of it, including any and all implied warranties or conditions of title, non-infringement, merchantability, or fitness or suitability for any purpose (whether or not TOWER knows, has reason to know, has been advised, or otherwise is in fact aware of any such purpose), whether alleged to arise by law, by reason of custom or usage in the trade, by course of dealing, or otherwise. TOWER makes no representation or warranty about the accuracy or completeness of information and accepts no liability or responsibility in respect of errors in or omissions from information contained on the SmartDriver app, to the extent permitted by law.
Except to the extent of direct damage or loss to you caused by a breach of these Terms by TOWER (in which case TOWER's liability shall be limited to the amount paid by you for your TOWER motor vehicle policy in the 12 months immediately preceding the breach) and to the extent allowed by law, TOWER has no liability (in contract, equity or tort, including negligence) to you or any other person in relation to these Terms.
TOWER does not guarantee the continued availability of the SmartDriver app or the continuation of services provided on it. Access to the SmartDriver app and to any saved information may be interrupted, restricted, delayed or unavailable from time to time. TOWER accepts no responsibility or liability in relation to any loss suffered in these circumstances.