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12.1 To the maximum extent permitted by applicable law, in no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, arising out of or in connection with this Agreement.

12.2 Notwithstanding anything to the contrary herein, the total aggregate liability of the Service Provider for all claims under this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client during the 12-month period immediately preceding the event giving rise to the claim.

12.3 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of Thailand. Any dispute shall be finally resolved by the Thai Arbitration Institute (TAI) pursuant to the Arbitration Rules of the TAI for the time being in force.

12.4 The parties acknowledge that the limitations set forth in this Section 12 are an essential element of the bargain. The Service Provider’s total liability under Section 12.2 shall be subject to a cap of 5,000,000 THB per calendar year.