Warranties and limitation of liability

What this means for you

LMS White warrants that, at delivery, the Deployment will materially conform to the agreed written scope, and will use commercially reasonable efforts to correct reproducible material defects in proprietary code under the Agreement.

Except for that express warranty (and mandatory law), the Platform is not warranted to be uninterrupted, error-free, vulnerability-free, immune from attack, compatible with every future device/OS, always available through every Third-Party Service, or approved by every app marketplace. We do not guarantee enrolments, revenue or exam outcomes.

To the maximum extent allowed by law, LMS White is not liable for indirect or consequential loss (lost profits, admissions, goodwill, etc.). Aggregate liability for an affected Deployment/Order Form is typically capped at the licence/setup/service fees you actually paid LMS White under that Order Form — excluding GST and amounts paid to Third-Party Services. A bug or cyberattack does not automatically create financial indemnification beyond investigation and remediation obligations for covered LMS White defects.

Why software contracts use these limits

One institution’s cloud bill, student volume or business interruption can dwarf a one-time licence fee. Unlimited consequential liability for every cyber event or marketplace rejection would make white-label LMS commercially impossible. Caps aligned to fees paid are standard in B2B software — while mandatory legal carve-outs (for example fraud) still apply where the law requires.

Examples

• Material scope miss at delivery → report within acceptance window; we remediate against written scope.
• Apple rejects an app → marketplace risk, not an open-ended damages claim against the licence fee alone.
• Google Cloud outage → third-party force majeure / vendor issue, not multiplied LMS White liability.

Supporting references