8. Obligations and liability
Without prejudice to the other obligations provided for in the Agreement, FLYNT undertakes to comply with the following obligations.
8.1 FLYNT undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Customer expressly acknowledges and accepts.
8.2 FLYNT undertakes to provide the Customer with competent personnel and to provide the Customer with the necessary advice, warnings and information for the proper execution of the Agreement and the provision of the Services.
8.3 FLYNT undertakes to use the data, and more generally all the elements that may be transmitted to it within the framework of this Agreement, only for the purposes of executing the Agreement and not to disseminate them or share them with any third party whatsoever, unless expressly requested or agreed to by the Customer.
It guarantees to the Customer the perfect conservation of the data and elements for the duration of the Agreement and undertakes to destroy them or return them to the Customer, at the latter's request, at the end of the Agreement.
8.4 FLYNT certifies that it holds an insurance policy covering its professional liability. It undertakes to keep this insurance policy in force for the duration of the Agreement.
8.5 FLYNT undertakes to carry out regular checks to verify the operation and accessibility of the Application and its website (...). In this respect, FLYNT reserves the right to temporarily interrupt access to the Application for maintenance reasons.
Similarly, FLYNT shall not be held liable for any difficulties or temporary impossibility of access to its Application due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunication networks, as Customers are aware of the complexity of the global networks and the influx of Internet users at certain times.
8.6 FLYNT's intervention is limited to the sole provision of the Services. In this respect, the Customer acknowledges and accepts that the Services are provided to it personally, FLYNT not intervening in any way6 in the relationship between the Customer and its own customers.
The Customer undertakes to exclude FLYNT from all disputes or litigation between the said persons and to deal with them personally.
8.7 FLYNT does not warrant to the Customer that the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or faults.
8.8 In any event, with the exception of personal injury or death and except in the event of gross negligence, FLYNT shall not be liable to the Customer for the payment of damages of any nature whatsoever, whether direct, material, commercial, financial or moral, due to the performance of the Agreement, in an amount exceeding the amounts invoiced by FLYNT during the 12(twelve) months prior to the occurrence of the alleged damage. FLYNT shall only be liable if the Customer has submitted a claim by registered letter with acknowledgement of receipt within one month of the said occurrence.