3. Indemnity

The user agrees that Yeti-Apes, its leaders, staff, affiliates, agents, successors, contractors and representatives are fully indemnified from any and all risks, including, without limitation, actions, decisions, smart contract functions, general responsibility, day-to-day operation, expenses, losses, and any other actions that may later be deemed as malicious or negligent, as well as tax liability or responsibility assumed by the project owner once this contract has been deployed and transferred to the project owner, defined as the user.

In no event will Yeti-Apes or any of its leaders, staff, affiliates, agents, successors, contractors or representatives be liable under or in connection with the scope of work or its subject matter, under any legal or equitable theory, including breach of this scope of work, tort (including negligence), strict liability, and otherwise, for any:

• Loss of production, use, business, revenue, or profit, or loss of data or diminution in value,

• Impairment, inability to use, loss, interruption, or delay of services,

• Loss, damage, corruption, or recovery of data or breach of data or system security,

• Cost of replacement goods or services,

• Consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages, regardless of whether such persons were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

Yeti-Apes is indemnified from any claim of financial loss or token assets that the user may incur due to human error within the smart contract or decentralized applications offered on the Yeti-Apes platform.

The user agrees that Yeti-Apes is fully indemnified against any claim or loss resulting from maintenance or unavailability of the Yeti-Apes platform.