These AI Terms are supplemental to, and form part of, the Storeberry Terms and Conditions available athttps://www.storeberry.ai/hk/terms-and-conditions (the "Platform Terms"). In the event of any conflict between these AI Terms and the Platform Terms with respect to AI Features, these AI Terms shall prevail.

1. Definitions

1.1 "AI Features" means any artificial intelligence, machine learning, large language model, generative AI, natural language processing, automated recommendation, auto-tagging, content generation, predictive analytics, chatbot, or similar automated processing functionality included in or enabled by the Service.

1.2 "Input" means any data, text, images, files, prompts, instructions, or other content that you submit, upload, or provide to the AI Features.

1.3 "Output" means any data, text, images, recommendations, suggestions, content, or other results generated by the AI Features in response to your Input.

1.4 "Third-Party AI Provider" means any third-party artificial intelligence or machine learning service provider whose technology is integrated into or used to power the AI Features.

2. Nature of AI Features

2.1 Developing Technology. You understand and acknowledge that AI Features utilise generative AI and machine learning — forms of rapidly developing technology. The potential risks inherent to this technology may not be fully understood, and comprehensive safeguards may not be fully developed.

2.2 Not a Substitute for Human Judgment. AI Features are designed to assist and augment your decision-making, but are not intended to replace human oversight, professional judgment, or independent verification. You are solely responsible for evaluating, verifying, and deciding whether to rely on any Output.

2.3 No Guarantee of Accuracy. Outputs generated by AI Features may be incomplete, inaccurate, biased, outdated, or otherwise unreliable. Storeberry does not guarantee the accuracy, reliability, completeness, or fitness for any particular purpose of any Output.

3. User Responsibilities and Acceptable Use

3.1 Review and Verification. You agree to review all Outputs before use and take full responsibility for how you use, publish, distribute, or rely on any Output. You shall not use any Output without appropriate human review and verification.

3.2 Input Quality. You are solely responsible for the legality, accuracy, and appropriateness of all Input you provide to the AI Features. You shall not submit any Input that:

(a) violates any applicable law, regulation, or third-party rights;

(b) contains personal data of individuals without appropriate legal basis or consent;

(c) contains confidential or sensitive information that you are not authorised to share;

(d) is defamatory, obscene, abusive, threatening, or otherwise objectionable; or

(e) is designed to manipulate, exploit, or circumvent the safety mechanisms or intended functionality of the AI Features.

3.3 Prohibited Uses. You shall NOT use the AI Features to:

(a) generate content that is illegal, harmful, discriminatory, hateful, violent, sexually explicit, or promotes any unlawful activity;

(b) create spam, phishing content, malware, or any content intended to deceive, defraud, or mislead others;

(c) impersonate any person or entity, or falsely represent AI-generated content as being exclusively human-created where disclosure is required by law;

(d) generate content that infringes upon the intellectual property rights, privacy rights, or other proprietary rights of any third party;

(e) make automated decisions that produce legal effects or similarly significantly affect individuals without appropriate human oversight;

(f) reverse engineer, decompile, disassemble, or attempt to extract the source code, algorithms, models, or underlying technology of the AI Features;

(g) use the AI Features for any purpose that competes with or is designed to build a competing product or service to Storeberry; or

(h) circumvent any usage limits, rate limits, or safety controls imposed on the AI Features.

3.4 Compliance with Laws. You are responsible for ensuring that your use of the AI Features and any Output complies with all applicable laws, regulations, and industry standards in your jurisdiction, including but not limited to data protection, consumer protection, advertising standards, and AI governance regulations.

4. Data Usage and Privacy

4.1 Input Data Processing. When you use the AI Features, your Input may be transmitted to and processed by Storeberry and/or our Third-Party AI Providers for the purpose of generating Outputs. By using the AI Features, you consent to such processing.

4.2 No Training on Your Data. Storeberry shall not use your Input or Output to train, improve, or develop general-purpose AI or machine learning models, except where:

(a) the data has been fully anonymised and aggregated such that it cannot be attributed to you or any identifiable individual; or

(b) you have provided explicit, separate consent for such use.

4.3 Third-Party AI Providers. The AI Features may utilise technology from Third-Party AI Providers. Your use of AI Features is also subject to the terms and policies of such Third-Party AI Providers to the extent applicable. Storeberry will make reasonable efforts to ensure Third-Party AI Providers handle your data in accordance with applicable data protection standards, but shall not be liable for the acts or omissions of Third-Party AI Providers.

4.4 Data Retention. Input and Output data may be retained for a limited period for the purposes of providing the AI Features, improving service quality, and complying with legal obligations. You may request deletion of your data in accordance with our Privacy Policy.

4.5 Confidentiality. You acknowledge that AI Features may process data through cloud-based infrastructure. You should exercise caution and avoid submitting highly sensitive, confidential, or regulated data (such as payment card numbers, government-issued identification numbers, or medical records) through the AI Features unless specifically supported and indicated by the platform.

5. Intellectual Property

5.1 Your Input. You retain all ownership rights in your Input. By submitting Input to the AI Features, you grant Storeberry a limited, non-exclusive, worldwide licence to use, process, and transmit such Input solely for the purpose of providing the AI Features to you.

5.2 Output Ownership. Subject to these AI Terms, as between you and Storeberry, you may use the Output generated from your Input for your legitimate business purposes. However, you acknowledge that:

(a) similar or identical Output may be generated for other users based on similar Input;

(b) AI-generated Output may not be eligible for intellectual property protection under applicable laws; and

(c) Storeberry makes no representation or warranty that any Output does not infringe the intellectual property or other rights of any third party.

5.3 Storeberry IP. All rights, title, and interest in and to the AI Features, including but not limited to the underlying algorithms, models, software, technology, and any improvements thereto, shall remain the exclusive property of Storeberry and/or its licensors.

6. Service Availability and Modifications

6.1 Availability. Storeberry does not guarantee that the AI Features will be available at all times or without interruption. The AI Features may be subject to scheduled or unscheduled downtime, maintenance, or capacity constraints.

6.2 Modifications. Storeberry reserves the right to modify, suspend, discontinue, or limit any AI Features at any time, with or without notice, and without liability to you. This includes changes to functionality, Output quality, usage limits, or the underlying models and technology.

6.3 Beta Features. Certain AI Features may be designated as "Beta", "Preview", or "Experimental". Such features are provided on an as-is basis and may be less stable, less accurate, or subject to additional limitations.

7. Usage Limits and Fees

7.1 Usage Limits. AI Features may be subject to usage limits, including but not limited to the number of requests, volume of Input, frequency of use, or other restrictions based on your subscription plan. Storeberry reserves the right to impose, adjust, or enforce such limits at any time.

7.2 Fees. Certain AI Features may be offered as part of your existing subscription or may require additional fees. Any applicable fees will be communicated to you prior to activation and shall be billed in accordance with the Platform Terms.

7.3 Overuse. If your usage exceeds applicable limits, Storeberry may throttle, suspend, or charge additional fees for continued access to the AI Features.

8. Disclaimer of Warranties

8.1 THE AI FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STOREBERRY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

8.2 WITHOUT LIMITING THE FOREGOING, STOREBERRY DOES NOT WARRANT THAT:

(a) THE AI FEATURES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

(b) OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE;

(c) THE AI FEATURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM HARMFUL COMPONENTS;

(d) ANY ERRORS OR DEFECTS IN THE AI FEATURES WILL BE CORRECTED; OR

(e) OUTPUTS WILL NOT INFRINGE ANY THIRD-PARTY RIGHTS.

9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STOREBERRY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, OR THIRD-PARTY AI PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE AI FEATURES, INCLUDING BUT NOT LIMITED TO:

(a) LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS;

(b) LOSS OF DATA OR DATA CORRUPTION;

(c) LOSS OF GOODWILL OR REPUTATION;

(d) ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON OUTPUTS;

(e) ANY INACCURACY, INCOMPLETENESS, OR UNRELIABILITY OF OUTPUTS; OR

(f) ANY CLAIMS BY THIRD PARTIES ARISING FROM YOUR USE OF OUTPUTS;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

9.2 TO THE EXTENT PERMITTED BY LAW, STOREBERRY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE AI TERMS SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE AI FEATURES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

10.1 You agree to indemnify, defend, and hold harmless Storeberry and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

(a) your use of the AI Features in violation of these AI Terms;

(b) your Input or your use of any Output;

(c) your violation of any applicable law, regulation, or third-party rights; or

(d) any claim that your Input infringes or violates the rights of any third party.

11. Suspension and Termination

11.1 Storeberry may suspend or terminate your access to the AI Features immediately, without prior notice, if:

(a) you breach any provision of these AI Terms;

(b) your use of the AI Features poses a security risk or may adversely affect the Service or other users;

(c) continued provision of the AI Features to you becomes unlawful; or

(d) Storeberry discontinues the AI Features in whole or in part.

11.2 Upon termination of your access to the AI Features, your right to use the AI Features shall immediately cease. Termination of access to AI Features does not necessarily affect your access to other parts of the Service, unless otherwise stated.

12. Changes to These AI Terms

12.1 Storeberry reserves the right to modify or update these AI Terms at any time at its sole discretion. If a revision is material, we will make reasonable efforts to provide notice (such as through the Service or via email) prior to the new terms taking effect.

12.2 Your continued use of the AI Features after the updated AI Terms become effective constitutes your acceptance of the modified AI Terms. If you do not agree to the revised AI Terms, you must discontinue use of the AI Features.

13. Governing Law and Dispute Resolution

13.1 These AI Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions.

13.2 Any dispute arising out of or in connection with these AI Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

14. Severability

14.1 If any provision of these AI Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

15. Contact Us

If you have any questions about these AI Terms, please contact us at:

Storeberry Limited

Email: system@storeberry.ai

Website: https://www.storeberry.ai

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