A. INTRODUCTION
1. Certain services (“AI Services”) provided by LP and content you provide, consume or use (“AI Content”) on the LP Platform operate based on artificial intelligence technology powered by LP and/or other third-party service providers. Your use and continued use of such AI Services and AI Content will be deemed as your acceptance and agreement to these terms (“Terms”), the service-specific terms (if any) and other applicable terms and conditions in the LP Platform. These Terms apply to all Users, regardless of whether you are transacting in your capacity as a buyer, Seller or otherwise
2. These Terms apply in conjunction with other notices, contractual clauses and consent clauses applicable to your use of the AI Services, including but not limited to the LP Terms of Use, the LP Content Terms of Service, the Privacy Policy, and the LP Community Policy and Guidelines. In the event of any conflict or inconsistency between these Terms and the other documents, the provisions of these Terms shall prevail. Unless defined otherwise herein, all capitalised terms used in these Terms shall have the same meaning ascribed to them in the LP Content Terms of Service.
3. Please note that your use of the AI Services and any action that you take as a result of the AI Services are at your own risk, LP excludes any and all liability for any action (or decision not to act) that you may make based on your use of the AI Services or any AI Content which you may receive or view from the LP Platform, or provide or upload to the LP Platform via such AI Service.
B. LIMITATIONS OF THE AI SERVICES
4. The AI Services and/or AI Content provided pursuant to such AI Services are designed to provide general information and assistance to you to facilitate your use of and your transactions on the LP Platform only and not for any other purposes. There are limitations to the use of artificial intelligence technology, and the AI Services may not be able to provide adequate, accurate, complete or updated AI Content or address all specific circumstances.
5. While efforts have been made to increase the accuracy, relevancy and minimize the errors in the AI Content uploaded, transmitted, generated and/or consumed via the AI Services, LP makes no guarantee that the AI Content will be suitable, reliable, accurate, secure, current, updated, error-free, complete, uncorrupted, fit for any particular purpose or is otherwise satisfactory.
6. Nothing in the AI Content shall be taken to amount to:
(a) any form of advice, including, but not limited to, health, medical, legal, financial, other form of professional advice or expert opinion from LP or any other party (including Sellers);
(b) any form of advertisement or solicitation for any goods or services whatsoever, including where the AI Content includes an identification or a listing of goods or services based on your query or input, and these should not be viewed as advertisements or recommendations by LP or any other party (including Sellers); or
(c) any representation or warranty whatsoever, including, but not limited to, any representation or warranty of authenticity, legality, accuracy, completeness, comprehensiveness or that any information is up to date.
7. The provision of the AI Services and any AI Content generated thereunder is not intended to create any form of reliance by you on the AI Service and/or the AI Content or create any responsibility by LP or any other party (including Sellers) owed toward you or any form of legal or other relationship.
C. RESTRICTIONS ON USE
8. You shall use the AI Services and AI Content only for lawful purposes and not in any way that may violate any law, rule, or regulation or infringe the rights of others including, but not limited to, harassing, bullying, defaming, abusing, stalking, harming, threatening, causing distress to others, or encouraging others to do so.
9. You should not attempt to use the AI Services to create, upload (including uploading to platforms other than the LP Platform), copy, save, duplicate, replicate or share AI Content that is offensive, illegal, against public policy or could cause harm including, but not limited to, content that is and/or is related to:
(a) Hate: hateful symbols, negative stereotypes, comparing certain groups to animals/objects, or otherwise expressing or promoting hate based on identity;
(b) Harassment: mocking, threatening or bullying an individual;
(a) Violence: violent acts and the suffering and humiliation of others;
(b) Self-harm: suicide, cutting, eating disorders, and other attempts at harming oneself
(c) Sexual: nudity, sexual acts, sexual services, or content otherwise meant to arouse sexual excitement;
(d) Shocking: bodily fluids, obscene gestures, or other profane subjects that may shock or disgust;
(e) Illegal activity: drug use, theft, vandalism, and other illegal activities;
(f) Deception: major conspiracies or events related to major ongoing geopolitical events;
(g) Political: politicians, ballot-boxes, protests, or other content that may be used to influence the political process or to campaign;
(h) Public and personal health: the treatment, prevention, diagnosis, or transmission of diseases, or people experiencing health ailments;
(i) Spam (including unsolicited bulk content), phishing or fraudulent content;
(j) Religious: God, religious symbols, religious commentary or passages, or comparing religions or other views that may be sensitive or controversial;
(k) Royalty: making disparaging, unflattering, insulting, controversial or other sensitive statements or images of any royal family member of any country;
(l) Privacy and intellectual property rights: Content violating data protection laws and intellectual property laws in any jurisdiction; or
(m) Prohibited Content: Content which is prohibited under the Policies, including but not limited to LP Community Policy and Community Guidelines.
10. You may not create or upload images or data of any individual without their consent, images to which you do not hold the appropriate intellectual property or usage rights, or images of public figures.
11. Unless otherwise permitted by LP, you may not represent any AI Content created by the AI Services as created using your own creative or other effort. You also may not misrepresent any AI Content generated by the AI Services to others whether by rephrasing, modifying, amending, or otherwise causing the AI Content to appear as something that they are not.
12. You should not input confidential or sensitive information under such AI Services. You remain solely responsible for any such confidential or sensitive information provided by you to LP.
13. You shall not:
(a) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI Services;
(b) use the AI Services to develop foundational models or other large scale models that compete with the AI Services offered;
(c) use any method to extract data from the AI Services, including web scraping, web harvesting, or web data extraction methods; or
(d) represent that any AI Content created by the AI Services was human-generated when it is not.
14. In order to improve the AI Services and to maintain a safe environment, we reserve the right to screen the AI Content and to remove any AI Content that is illegal or that infringes any of these terms and conditions from the LP Platform. Any conversation or any AI Content transmitted via the AI Services may be recorded, processed, analysed or disclosed to third parties, where required, to improve LP’s services, to maintain the safety and security of the LP Platform, and/or if required by law enforcement authorities or lawful court order.
15. The AI Services and AI Content may in certain cases incorporate or provide references to or from external sources, links to other websites or pages or other third-party content which is provided for your convenience only and LP takes no responsibility whatsoever for its use, effect or content. Such external sources, including, but not limited to, sources that do not relate to any goods or services, are compiled and collated by artificial intelligence technology and LP cannot take any responsibility for the accuracy, reliability, truthfulness, relevance, suitability, completeness or reasonableness of such sources or for any damage, losses, or other liability you may suffer in relying on such sources. You follow any such external sources at your own risk and shall be subject to any terms and conditions, including disclaimers, imposed by it.
16. We may amend, revise, update or modify these Terms at any time (“Changes”). Changes will be effective when posted on the LP Platform with no other notices provided and you are deemed to have agreed to the Changes upon their publication on LP Platform. You must periodically review the most up-to-date Terms at https://mall.LP.world/.
D. DISCLAIMER
17. THE AI SERVICES ARE PROVIDED ON AN “AS IS” BASIS ONLY AND LP DOES NOT WARRANT THAT THE AI SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, FREE FROM DEFECTS, FREE FROM VIRUSES OR BUGS, OR SECURE OR THAT ANY AI CONTENT WILL BE SECURE, NOT LOST OR ALTERED. TO THE EXTENT PERMITTED BY LAW, LP MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO FITNESS FOR USE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
E. RIGHTS, TITLE AND INTERESTS
18. The technology driving the AI Service and any associated software or algorithm used in the AI Services are owned by LP, our Affiliates or our licensors (including third party licensors). As between Users and LP, all rights (including intellectual property rights), title and interest in the technology and AI Content shall remain the exclusive property of LP, our Affiliates or our licensors. LP grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the AI Services and AI Content solely for your use of and your transactions on the LP Platform.
19. Unless as specified in these Terms, no AI Services or AI Content shall be distributed, republished, displayed, broadcasted, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any server, system or equipment without LP’s prior written permission. The AI Services may rely on input provided by you or your authorised users, which may constitute intellectual property. By providing or uploading such materials, you hereby grant to LP, our Affiliates, agents, contractors, licensees and successors an irrevocable, perpetual, worldwide, royalty-free and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative work (including any AI-generated output) from such input for the performance of the AI Services and for our commercial and/or non-commercial purposes, in any medium now existing or hereinafter developed, and to sub-license to a third party the same, and to use or allow such third party to use such input and derivative work without your prior approval or payment of any compensation. You represent and warrant that you have all the necessary rights and/or licenses in the intellectual property for such content to grant to LP.
20. You agree that LP may use your content and your interactions with the AI Services to develop and improve the AI Services. You may provide or we may ask you to provide us from time to time enhancement requests, ideas, suggestions, and recommendations or other feedback regarding the AI Services. If you provide us with any feedback, then you grant us a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, distribute, publicly display, perform or otherwise exploit and incorporate the feedback into the AI Services or otherwise dispose of it and support our product and services embodying such feedback in any manner as we see fit.
21. The AI Services may use or include third party software, files and components that are subject to open source and third-party license terms (“Third-Party Components”). Your rights to use such Third-Party Components as part of, or in connection with, the AI Services is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail only in connection with the related Third-Party Components. You acknowledge that LP is not the author, owner or licensor of any Third-Party Components, and that LP makes no warranties or representations, express or implied as to the quality, capabilities, operations, performance or suitability of such Third-Party Components.
F. PERSONAL DATA
22. By using the AI Services, you agree that LP may use the personal data that we collect from you to develop, provide you with and improve the AI Services (including training the AI) and AI Content (including to provide you with personalized AI Content).
23. If you voluntarily provide any personal data in the course of using the AI Services and AI Content, you shall be deemed to have given consent and/or, if the personal data is not your own, to have obtained the necessary consent(s), for the use and processing of such personal data as set out in the LP Privacy Policy, including but not limited to the collecting, processing and storing of all records processed via the AI Services and the disclosure of such personal data to our third-party service providers which may be supporting the AI Services for the purposes of, amongst others, providing you with and improving the AI Services (including training the AI) and AI Content, improving LP’s services and to better serve its customers. You acknowledge and agree that the collection, processing and retention of any personal data that you provide in the course of your use of the AI Services will be subject to the LP Privacy Policy and the privacy policy of any third-party service providers which may be supporting the AI Services. You should ensure that all collection, processing, and disclosure of personal data via the Services is done in accordance with applicable laws, including obtaining applicable consents and authorisation or having another legal basis for the collection, processing, and disclosure of such personal data.
G. INDEMNITIES AND OTHER REMEDIES
24. You are responsible for any loss or damage we, our affiliates or any other party may suffer as a result of your breach of these Terms and/or our Policies. You also agree to defend, indemnify and hold us, our related companies, as well as the respective officers, directors, employees and agents of each of the foregoing, from and against any and all claims, losses, liabilities, arising from your use of and access to the AI Services or from your AI Content or from your breach of these Terms and/or applicable Policies or violation of any applicable law. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defenses and indemnify us for any legal fees we may incur.
25. Without limiting any other rights or remedies available to us, we further reserve the right to take any or all of the following actions at our discretion, without prior notice to you or providing any reason for such action, and without compensation to you, in the event that you or any other user associated with your account breaches of these Terms, our Policies, any applicable laws and regulations or the terms of any relevant AI Services related third-party providers:
(a) suspending and/or terminating your account;
(b) restricting your use of the AI Services and/or LP Platform temporarily or permanently;
(c) taking any action we deem fit, among other reasons, for the purposes of remedying the damage caused by your breach which may include, but is not limited to, withholding payments payable by LP to you (if any), cancelling, reversing, and/or preventing any transactions carried out by you on the LP Platform, including transactions that are related to, a consequence of, or that follows from your breach of the use of the AI Services;
(d) applying any of the foregoing to any of your associated accounts registered with LP; and/or
(e) taking any enforcement actions as we deem necessary (including any enforcement actions as may be set out in the Policies from time to time, filing of reports to any regulatory authorities and/or law enforcement agencies) and/or to seek any other remedies available to us under any applicable laws and regulations, in each case without prior notice to you or providing any reason for such action.
H. DISCLAIMERS AND LIMITATION OF LIABILITY
26. By utilizing the AI Services, you represent, warrant, and ensure your compliance with the Terms. You acknowledge and agree that it is your responsibility to adhere to all applicable laws, regulations, and guidelines when utilizing the AI Services. LP expressly waives any liability and/or obligation arising in connection with your compliance or non-compliance with these Terms and any applicable laws, regulations and guidelines. You acknowledge that any consequences or damages resulting from your actions or omissions shall be solely your responsibility, and you agree to hold LP harmless from any claims, losses, or liabilities arising therefrom.
27. The AI Services are provided free of charge and are explicitly excluded from any service level agreement commitments or warranties. Our AI Services may become temporarily unavailable: (a) to perform scheduled or unscheduled maintenance, modifications or upgrades; (b) due to hardware or software failures, power outages or failures of Third-Party Components; (c) to mitigate or prevent the effects of any threat or attack to the AI Services or any other network or systems on which the AI Services rely; or (d) as required for legal, regulatory or business reasons. We will have no liability for any damages, losses (including any loss of data or profits), or any other consequences that you may incur as a result of unavailability of the AI Services or failure to provide notice of unavailability.
28. The AI Services are provided on an “as is” and “as available” basis and may change or be suspended or terminated for any reason whatsoever at our discretion. Except to the extent prohibited by law, LP and our Affiliates and licensors make no warranties (express, implied, statutory or otherwise) with respect to the AI Services (including any content generated pursuant to the AI Services) and we disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and quiet enjoyment and any warranties arising out of any course of dealing or trade usage. We do not guarantee that the AI Services will be uninterrupted, accurate or error free or that any content will be secure or not lost or altered. LP shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the AI services, including but not limited to any user complaints, regulatory investigations, company reputation infringement, loss of data, loss of profits, or business interruption.
29. We will maintain, process and may disclose to our agents, representatives, partners and subcontractors all user data that is transmitted to the AI Services, as well as data relating to your use of the AI Services, for purposes of managing the performance of the AI Services and improving the AI Services (including for AI training). Although we may perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the AI Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
30. In addition to the foregoing, LP, its Affiliates and all of the respective officers, employees, directors, agents, contractors and assigns of each of the foregoing shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the AI Services and AI Content;
(b) reliance on any data or information made available through the AI Services and AI Content. You should not act on such data or information without first independently verifying its reliability;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and/or
(d) any use of or access to any other website or webpage linked to or by the AI Services, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
31. LP, ITS AFFILIATES AND ALL OF THE RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, CONTRACTORS AND ASSIGNS OF EACH OF THE FOREGOING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I. DISPUTE RESOLUTION AND GOVERNING LAW
32. These Terms shall be governed by and construed in accordance with the laws of the UK.
33. All forms of complaints and/or claims arising out of these Terms must be settled amicably within 30 (thirty) days. If within that period no agreement is reached between LP and you, the complaint and/or lawsuit will be referred to the Business and Property Courts (“BPC”) for final resolution through arbitration in accordance with the applicable Arbitration Rules of the BPC (“BPC Rules”), the rules of which are deemed incorporated with reference in these Terms. The arbitration will be conducted in English. The seat of the arbitration will be in England. Neither party has the right to file or take action before the court in relation to any dispute until the dispute has been resolved by arbitration as provided for in accordance with these provisions and only to enforce it through an arbitration award. Any arbitration award in relation to a dispute is final, binding and cannot be contested.