LOVSPARK Terms of Service
Last Updated Date: May 12, 2026
Thank you for choosing to use the LOVSPARK Platform ("LOVSPARK", or the "Platform"), which includes the LOVSPARK website, web application, browser extension (Web Clipper), and any other features, functionalities, or services provided now or in the future (collectively the "Services"). The Services are offered by ARK TECHNOLOGY INTERNATIONAL LIMITED ("we", "us", or "our"), with its registered address at Unit 1302, 13/F, Witty Commercial Building, 1A–1L Tung Choi Street, Mong Kok, Kowloon, Hong Kong.
1. Your Agreement to these Terms of Service
These Terms of Service (these "Terms" or the "Agreement"), as may be updated from time to time, govern your access to and use of the Platform and Services. They form a legally binding agreement between you and us. For the purposes of these Terms, "you" and "your" refer to you as the end-user of the Services. By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully, particularly the provisions in bolded and ALL CAPS, which highlight key legal terms and conditions. You must accept all the terms and conditions set forth in this Agreement before using the Services. If you do not agree to any part of these Terms, you must immediately stop using the Services and refrain from proceeding further.
Your access to and use of the Services are also subject to our Privacy Policy as well as any additional guidelines or rules that may be made available to you from time to time, including but not limited to the Community Library Content Policy, the Affiliate Disclosure, and any feature-specific terms (collectively, the "Supplemental Terms"). The terms of these documents will be posted through our Services or otherwise notified to you, and they are incorporated herein by reference.
2. Changes to these Terms
To improve your experience and ensure the safety and performance of our Services, we may update, enhance, or modify the Services from time to time. We also reserve the right to revise these Terms as necessary to reflect changes in our practices, legal requirements, or business operations. We will update the "Last Updated Date" at the top of these Terms to indicate when the changes take effect.
For material changes — including but not limited to changes to fees and payment terms, the scope of rights you grant us in your Content, your privacy rights, dispute resolution mechanisms, liability limits, or your right to terminate — we will give you at least 30 days' advance notice before such changes take effect, by posting an update on the Platform and/or sending a notice to your account email. During this 30-day notice period, you have the right to reject the changes by closing your account in accordance with Section 13 (Termination and Effect); doing so will not be deemed a breach by you, and any pre-paid subscription fees will be refunded on a pro-rata basis for the unused portion. Your continued use of the Services after the effective date of the material change constitutes your acceptance of the revised Terms.
For non-material changes (such as clarifications, typographical corrections, or operational improvements), the updated Terms take effect upon posting, and your continued use of the Services constitutes your acceptance. It is your responsibility to review these Terms periodically.
3. Account and Registration
3.1 Account Requirements
To access most Services on the Platform—including but not limited to image and video generation, the Skill system, the Product Library and Image Library, the Web Clipper, and the canvas workspace—you must first register for an account. When creating an account, you must provide accurate, current, complete, and truthful information. You are responsible for maintaining the accuracy of your account information at all times.
3.2 Eligibility
You must be at least 13 years of age, or the minimum age required in your jurisdiction, to use the Services. If you are under the age of 18 (or the age of majority in your jurisdiction), you may only use the Services with the permission and under the supervision of your parent or legal guardian. By using the Services, you confirm that your parent or legal guardian has reviewed and agreed to these Terms with you.
3.3 Account Security and Responsibility
You acknowledge and agree to the following:
- Account security. You are solely responsible for maintaining the security and confidentiality of your account credentials, including your username and password. You must not share your login information with any third party.
- Account activity. You are solely responsible for all activities that occur through or under your account. If you are using the Platform or Services on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to do so, and all such use shall be deemed to be on behalf of and binding upon that entity.
- Monitoring. We may, but are under no obligation to, monitor activities occurring under or through your account. We are not liable for any loss or damage arising from any unauthorized access to or use of your account, including but not limited to hacking, misuse, or theft.
We reserve the right to temporarily suspend, permanently terminate, or otherwise restrict your account, with or without notice, at any time and for any reason or no reason, including but not limited to the following circumstances:
- if you violate any provisions of these Terms or any applicable laws;
- if, in our sole discretion, your account activity may cause harm to us, other users, or third parties, impair the functionality or security of the Platform or Services, or infringe any third-party rights (including intellectual property rights);
- in response to lawful requests from law enforcement or regulatory authorities;
- due to technical, operational, or security-related issues; or
- if your account has been inactive for a prolonged period of time.
In cases of permanent suspension or termination, we will make reasonable efforts to notify you in advance and provide an opportunity for you to access and back up your information and content. However, we may withhold such notice if we reasonably determine that providing notice could result in harm to us, our users, affiliates, or third parties, or if we are legally prohibited from doing so.
Subject to your statutory rights under applicable laws, if your account is suspended or terminated, your access to the account and any associated data, content, or materials may be restricted or permanently lost. We do not guarantee the continued availability or recoverability of your content, and you are solely responsible for regularly backing up any content you wish to preserve.
3.4 Data Retention and Deletion
When you delete content within the Services—including canvas projects, library products, library images, and generated assets—the content is soft-deleted and retained on our servers for 30 days for data integrity, customer support, and legal compliance purposes. After 30 days, soft-deleted content is permanently removed from active systems and cannot be restored.
If you no longer wish to use or access the Platform and our Services, you may request to delete your account by contacting us at [email protected]. Upon termination, your access to the Platform and the Services will be discontinued. We will delete or de-identify your relevant information in accordance with our Privacy Policy and applicable law. You can refer to our Account Deletion Rules to complete your account deletion.
4. User Conduct and Prohibited Activities
4.1 Prohibited Use
You agree to use the Services solely for lawful purposes and only as expressly permitted under these Terms and applicable laws. For purposes of these Terms, "applicable laws" means all laws, regulations, statutes, rules, codes, ordinances, orders, decrees, or other legal requirements enacted, issued, or enforced by any governmental authority, as may be amended from time to time. You shall not use the Services, directly or indirectly:
- To exploit, harm, or attempt to exploit or harm minors in any manner;
- To generate or disseminate verifiably false or misleading information with the intent to cause harm;
- To generate, distribute, or misuse personally identifiable information in a way that could harm an individual;
- In any manner that infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, or other legal rights of any third party (including, without limitation, scraping content from third-party websites via the Web Clipper in a manner that violates such websites' terms of use);
- To defame, harass, intimidate, threaten, or otherwise disparage any person or group;
- For fully automated decision-making processes that may adversely affect an individual's legal rights or entitlements;
- In any way intended to discriminate against or harm individuals or groups based on personal characteristics or social behavior, whether online or offline;
- To exploit any group based on age, social status, physical or mental condition, or other vulnerabilities;
- To provide medical advice, diagnoses, treatment recommendations, or interpretations of medical results;
- To generate or use information in connection with the administration of justice, law enforcement, immigration, or asylum proceedings;
- To upload to the Community Library any product entries that misrepresent the brand, manufacturer, price, or other material attributes of the underlying product;
- To upload sexually explicit, hateful, or otherwise objectionable content to any public-facing area of the Platform (including the Community Library and any image-sharing features).
4.2 Technical Restrictions
You agree that you will not, and will not permit or encourage any third party to:
- Copy, reproduce, modify, translate, adapt, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Services, or create any derivative works based on the Services or any portion thereof;
- Remove, alter, obscure, or tamper with any copyright, trademark, patent, or other proprietary rights notices or labels contained within or displayed by the Services;
- Sell, license, sublicense, lease, assign, distribute, publicly display, publicly perform, transmit, transfer, or otherwise commercially exploit any part of the Services without our express prior written consent;
- Use any robot, spider, scraper, crawler, or other automated means or technologies to access, extract, harvest, or otherwise collect information or data from the Services for any purpose, except for the Web Clipper browser extension which is provided for personal collection of publicly available product and image data, subject to Section 4.1 and the policies of source websites;
- Upload, transmit, or distribute any viruses, worms, trojan horses, ransomware, spyware, or any other malicious code, software, or technology intended to damage or interfere with the functionality, integrity, or security of the Services, any system, or data;
- Interfere with, disrupt, or attempt to gain unauthorized access to the operation of the Services, the servers or networks connected to the Services, or any user accounts, including by circumventing or attempting to circumvent security, authentication, or other protective measures;
- Use the Services to develop, train, or improve any artificial intelligence model that competes with the Services without our express prior written consent.
We reserve the right, at any time and without prior notice, to remove or disable access to any content or material at our sole discretion, for any reason or no reason. This includes content that we, in our sole judgment, find to be objectionable, in violation of these Terms, in breach of applicable law, or otherwise harmful to the Platform, the Services, or our users. You understand and acknowledge that any violation of these Terms or applicable laws may result in civil, criminal, or administrative liability. We further reserve the right to take any action we deem appropriate in response to such violations, including, without limitation, reporting the matter to law enforcement authorities, suspending or terminating your account and access to the Services, and pursuing any other remedies available to us under law or equity.
5. Content and License
5.1 Content
You may provide input to the Services ("Input"), and receive output generated by the Services based on that Input ("Output"). Together, Input and Output are referred to as "Content". Content may include, without limitation, prompts, text, URLs, code, images, videos, data, datasets, documentation, product information collected via the Web Clipper, image files uploaded to the Image Library, products manually added or imported into the Product Library, or any other materials or information you submit to or receive from the Services.
5.2 Ownership of Content
Subject to applicable law and the rights granted under these Terms:
(a) You retain all ownership rights, including copyright, in your Input;
(b) As between you and us, you own the Output generated by the Services in response to your Input.
To the extent we may hold any rights in the Output, we hereby assign to you all right, title, and interest we may have in and to such Output, subject to your compliance with these Terms and applicable law.
Note on similar Output: Due to the nature of generative AI, identical or similar prompts may produce identical or similar Output for different users. We make no claim to your specific Output, but we cannot guarantee the uniqueness of any Output, and other users may receive similar Output independently. You understand and accept this inherent characteristic of the Services.
5.3 License Grant to Us
By using the Services and submitting or generating Content, you grant to us and our affiliates, service providers, developers, and, where applicable, our third-party partners and end users, a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, and perpetual license to use your Content solely to the extent necessary to:
- Operate, provide, maintain, improve, and develop the Services;
- Ensure the functionality, security, and integrity of the Services;
- Comply with applicable laws, regulations, legal obligations, or law enforcement requests;
- Enforce our Terms, policies, and rights.
For purposes of this Section, "use" includes, without limitation, the right to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the Content, only to the extent necessary for the purposes described above.
5.4 Public Content (Community Library)
The Platform offers a Community Library feature within the Product Library and (in the future) the Image Library, which allows you to make selected products or images publicly visible to other LOVSPARK users. By electing to publish any Content to the Community Library:
- You grant us and other LOVSPARK users a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to view, save to their own libraries, use the Content within the Services (including in their own canvas projects and exports), and to use the Content in marketing, promotional, and discovery features of the Platform.
- You represent and warrant that you have all necessary rights to make the Content public, including any rights related to the underlying product, brand imagery, and any third-party trademarks or copyrighted materials referenced in the Content.
- You understand that all Content you publish to the Community Library is subject to our content moderation review (including automated and human review), and we may remove, demote, restrict, or refuse to display any Public Content at our sole discretion, with or without notice to you, including for reasons of brand safety, legal compliance, or quality control.
- You may delete or revert your Public Content to private at any time. Upon such action, the Content will be removed from public-facing surfaces immediately, but copies that other users may have already saved to their own libraries will not be retracted.
- You acknowledge that we may automatically replace third-party purchase URLs in your Public Content with affiliate-tracked URLs (as further described in Section 5.6), and you grant us the right to do so as a condition of publishing to the Community Library.
5.5 Curated Library
The Curated Library is content selected, edited, and maintained by LOVSPARK. Curated Library content is owned or licensed by us. You may save Curated content to your personal library and use it within the Services in accordance with these Terms, but you do not acquire any ownership rights in the Curated content itself.
5.6 Affiliate Links and Commerce Disclosure
The Platform participates in affiliate marketing programs with third-party retailers and brand websites. As part of the Services:
- When you click a purchase link on a product in the Curated Library or Community Library, the link may be automatically rewritten to an affiliate-tracked URL, and we may receive a commission if you make a qualifying purchase from the destination retailer.
- This affiliate rewriting does not apply to products in your private "My Library", where the original purchase URL you provided is preserved.
- We disclose this affiliate relationship in compliance with applicable laws, including the U.S. Federal Trade Commission ("FTC") guidelines and any equivalent regional regulations.
- The presence of any product, brand, or retailer on the Platform does not constitute an endorsement, sponsorship, or affiliation between that party and us, except where expressly stated.
5.7 Web Clipper Use
The Web Clipper browser extension is a user-initiated tool that allows you to save individual product information and images, on pages you are actively viewing in your own browser, to your personal LOVSPARK account. By using the Web Clipper, you acknowledge and agree to the following terms.
(1) User-initiated, single-page operation. Each capture is initiated by your explicit click on a page you are personally viewing. The Web Clipper does not autonomously crawl, spider, pre-fetch, or systematically request URLs that you have not individually opened. The Web Clipper is a user-driven browser tool, not a web crawler within the meaning of any applicable anti-scraping or anti-circumvention law.
(2) Your responsibility for source-site compliance. You are solely responsible for ensuring that your collection and use of any third-party content via the Web Clipper complies with: the source website's terms of service; the source website's robots.txt directives and equivalent technical access signals; applicable copyright, trademark, database-right, and personality-right laws; and any other applicable laws in your jurisdiction and the jurisdiction of the source website.
(3) No pre-vetting; no endorsement. We do not pre-vet, endorse, or take responsibility for the accuracy, legality, or appropriateness of any data the Web Clipper retrieves from third-party sources. The presence of a product, image, brand, or retailer in your library does not imply any affiliation with, sponsorship by, or endorsement by the source website or rightsholder.
(4) Personal, lawful use only — no automation. The Web Clipper is provided for personal, lawful collection only. You shall not, and shall not authorize any third party to: (i) use the Web Clipper in conjunction with any automation tool, script, headless browser, robotic process automation (RPA), or other technology that simulates or replaces human-initiated clicks; (ii) perform commercial-scale collection, mass harvesting, or systematic extraction of data from any source website; (iii) circumvent any technical, contractual, paywall, login, or geographic access restriction imposed by a source website; or (iv) resell, sublicense, or otherwise commercially redistribute content collected via the Web Clipper as a standalone dataset.
(5) Third-party personal data. If content captured via the Web Clipper contains personal data of any third party (for example, user-generated comments, profile photos, or other identifiable information), you are responsible for ensuring your processing of such personal data complies with all applicable data-protection laws, including the EU GDPR, the UK GDPR, the PRC Personal Information Protection Law (PIPL), and U.S. state privacy laws.
(6) AI training carve-out. Content collected via the Web Clipper is treated as your Input under these Terms. We do not use Web Clipper content to train our foundation models, derivative models, or to fine-tune third-party models, without your separate, explicit, written consent, given outside the bundled acceptance of these Terms.
(7) Notice-and-takedown. If you are a rightsholder, or an agent authorised to act on behalf of a rightsholder, and you believe in good faith that content stored in any LOVSPARK user account via the Web Clipper infringes your intellectual property rights, you may submit a written notice to [email protected] containing: (a) identification of the protected work; (b) identification of the allegedly infringing material and its location in our Services sufficient for us to locate it; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorised by the rightsholder, its agent, or applicable law; and (e) a statement under penalty of perjury that the information in the notice is accurate and that you are authorised to act. Upon receiving a valid notice, we will remove the content from the relevant user account in accordance with the U.S. Digital Millennium Copyright Act (DMCA) safe-harbor procedure, the People's Republic of China's E-Commerce Law Article 42 "notice-and-takedown" rule, the EU Digital Services Act (DSA) Article 16 notice mechanism, and equivalent regional rules. We will notify the affected user of the takedown and offer a counter-notice opportunity where required by applicable law.
(8) Suspension and termination. We reserve the right to suspend or terminate your access to the Web Clipper, with or without prior notice, upon credible reports of abuse, violation of these Terms, repeated takedown notices against your account, or any other conduct we reasonably believe to be unlawful or harmful.
5.8 Representations and Warranties
By accessing or using the Services, you represent and warrant that:
- You have all necessary rights, licenses, consents, and permissions to provide Input to the Services and to grant the rights set forth in these Terms;
- You are solely responsible for your Content, including its legality, reliability, accuracy, and appropriateness, and for ensuring that it does not violate these Terms, applicable laws, or our Privacy Policy;
- LOVSPARK does not and cannot guarantee the legality, appropriateness, accuracy, or completeness of any content generated through the Services based on your Input;
- Your Content, and your use of the Services as contemplated in these Terms, does not and will not:
- Violate any applicable law, regulation, or third-party rights;
- Require LOVSPARK to obtain any additional licenses or consents;
- Require the payment of any royalties, fees, or other compensation to any third party; or
- Require any attribution or acknowledgment of any third party.
5.9 Disclaimer Regarding Artificial Intelligence Output
Artificial intelligence and machine learning are complex and continually evolving technologies. While we strive to improve the accuracy, reliability, safety, and usefulness of our Services, you acknowledge and agree that the Services may produce content that is imprecise, incomplete, outdated, or otherwise inaccurate due to the inherent limitations of these technologies. By using the Services, you understand and agree to the following:
- Output Is Not Guaranteed to Be Accurate. The Output generated by our Services may not always reflect real people, places, products, brands, facts, or current events. You should not treat Output as factual, authoritative, or a substitute for professional judgment or advice. In particular, generated images of products, interiors, or scenes may not accurately represent any real-world product or location.
- Independent Evaluation Is Required. You are solely responsible for evaluating the accuracy, completeness, legality, and appropriateness of any Output for your specific use case. Where the Output may affect real-world decisions or actions, human review and verification are strongly recommended.
- No Use for High-Stakes Decisions. You may not use any Output relating to an identifiable individual in a manner that could have a legal, financial, reputational, or material impact on that person. This includes, but is not limited to, decisions concerning credit, education, employment, housing, insurance, medical care, legal matters, or other areas with significant personal consequences.
- Views Not Endorsed. The Output generated by the Services is produced algorithmically and does not represent the views, values, or opinions of us, even if it appears to make statements about sensitive topics. The presence of references to third-party products, services, or entities in Output does not imply any endorsement, affiliation, or relationship with such third parties.
6. Paid Services and Payments
6.1 Paid Services
Depending on your region and the specific Services available to you, we may offer certain features or functionalities free of charge ("Free Services"), while others may require payment before access is granted ("Paid Services"). Paid Services may include, but are not limited to, LOVSPARK Free, Pro, Studio, and Enterprise subscription tiers, Credits packages, premium Skills, and any other premium offerings made available on the Platform.
Whether you are using Free Services or purchasing or subscribing to Paid Services, you agree to use the Services only in compliance with these Terms and all applicable laws and regulations. The scope, features, pricing, and applicable terms of each Paid Service are described in detail on the corresponding product or purchase page within the Platform. You are responsible for reviewing those details before purchasing or subscribing.
Unless otherwise required by applicable law in your jurisdiction, we reserve the right, in our sole discretion, to modify or discontinue any part of the Services at any time, including by:
- Adjusting the features or functionality available in Free or Paid Services;
- Changing the pricing, subscription models, or billing practices for Paid Services;
- Introducing new services or discontinuing existing ones.
Any such changes will not retroactively affect your rights with respect to Paid Services you have already purchased or subscribed to, provided such rights were validly acquired under these Terms and the law of your jurisdiction prior to the effective date of the change, unless such change is required by law or necessary to address a legal, technical, or security-related issue.
6.2 Credits and Generation Quota
Many AI generation features (including image generation, video generation, and Skill execution) consume Credits from your account. Credits may be:
- Granted as part of your subscription tier (refreshed periodically per the terms of your subscription);
- Purchased separately as Credits packages;
- Granted as promotional or compensatory credits by us at our discretion.
Unused Credits do not roll over indefinitely; they expire according to the rules disclosed on the relevant purchase or subscription page. Credits have no cash value and are non-refundable except as required by applicable law. We reserve the right to adjust the Credit cost of any feature, model, or Skill at any time, with reasonable notice.
6.3 Purchase and Subscription Terms for Paid Services
You may purchase or subscribe to our Paid Services through your Apple ID, Google account, Stripe, or other payment account, by paying the applicable subscription or one-time fees in advance, along with any required taxes, in the currency of your jurisdiction. Payment methods and processing will be governed by the terms of the respective platform you use.
Unless you reside in the United Kingdom (UK), the European Union (EU), or the European Economic Area (EEA), or unless otherwise required by the applicable laws of your jurisdiction, all prices displayed for Paid Services are exclusive of taxes. You acknowledge and agree that any applicable sales, use, value-added, or other taxes may be added to the displayed fees and charged accordingly. Failure to pay the required fees and applicable taxes may result in denial, suspension, or termination of your access to the Paid Services.
Paid Services may be offered under various billing structures, including but not limited to:
- Fixed-term billing: You pay a one-time or recurring fee for a specific period of access (e.g., monthly, annually).
- Auto-renewing subscriptions: You are billed automatically on a recurring basis (e.g., monthly or at another interval as indicated on the purchase page or otherwise communicated to you) unless and until you cancel.
By subscribing under an auto-renewal model, you expressly authorize Apple, Google, Stripe, or any other payment platform to:
- Store your payment information (such as credit or debit card details) and charge your selected payment method at the beginning of each renewal period, unless you cancel in accordance with the applicable cancellation procedures; and
- Calculate and apply any applicable taxes based on the billing and location information you provide at the time of purchase.
Please review the relevant platform's subscription management settings and cancellation policies (e.g., through your Apple ID or Google account settings, or your account dashboard within the Platform) to manage your subscription or prevent auto-renewal.
6.4 Renewal and Cancellation of Paid Services
Depending on the Paid Services available in your region, you may choose the specific plan you wish to purchase or subscribe to.
- If you select a fixed-term subscription, it will automatically expire at the end of the term.
- If you select an auto-renewing subscription, it will automatically renew for the same duration as the previous term—unless stated otherwise on the Platform. Your payment method will be charged at the beginning of each renewal period unless you cancel or modify your subscription before the current term ends.
- To avoid future charges, you must cancel your subscription through your Apple ID, Google account, Stripe payment dashboard, or other relevant account before the renewal date.
6.5 Refund Policy
Since the subscription services we provide are virtual goods/services, unless otherwise stipulated by the laws and regulations of your country or region or otherwise agreed in this Agreement, we will not provide refunds for subscription goods/services purchased more than 7 days ago; if you have already used the subscription goods/services (for example, consumed Credits or used Premium features), we will not be able to support refund requests. To request a refund, please contact us at [email protected]. Refunds will be issued using the same payment method you used to make the purchase. If you subscribed through Apple App Store or Google Play, your refund request must follow their respective refund policies. You may continue to access the Premium Services until the refund is processed by Apple or Google. This policy does not limit any rights you may have under applicable law to receive a refund.
7. Intellectual Property Rights
We respect intellectual property rights and expect our users to do the same. We reserve the right, at our sole discretion and without prior notice, to:
- Remove any content that infringes (or is alleged to infringe) on intellectual property or publicity rights;
- Block access to the Services;
- Terminate the accounts of repeat or serious infringers;
- Take any other action we deem appropriate to protect rights and comply with the law.
If you believe your intellectual property rights have been infringed, or if you encounter content or output that violates applicable laws, please contact us at: [email protected]. To report a copyright or intellectual property infringement, your written notice must include:
- A physical or electronic signature of the person authorized to act on behalf of the rights owner;
- A clear description of the copyrighted work or other intellectual property being infringed, including proof of your ownership rights;
- A description of the material that is allegedly infringing, and where it is located on the Platform;
- Your name, address, phone number, and email address; and
- A statement that you have a good faith belief that the use of the material is not authorized by the rights owner, their agent, or the law.
8. Third Party Services
The Services may incorporate or rely on third-party services, including but not limited to:
- Third-party large language models ("LLMs") and image/video generation models;
- Third-party image and content sources connected via OAuth (such as Google Drive and Pinterest);
- Third-party affiliate networks and brand retailer websites;
- Third-party payment processors (Stripe, Apple Pay, Google Pay).
When using these third-party services, you agree to comply with any applicable terms and conditions imposed by those third parties—such as user agreements, content policies, and data processing terms.
To the fullest extent permitted by law, any dispute you may have with a third party arising from your use of their services is solely between you and that third party. You irrevocably release us from any and all claims, demands, liabilities, damages (whether direct or consequential), or other losses arising from or related to such disputes.
Some Services may be powered by third-party LLMs or image/video generation models. We do not create or control the Output generated by these third-party providers and are not responsible for any content produced or made available through them. You acknowledge that we have no obligation to review, monitor, or pre-screen any Output or content provided by third-party LLMs, image models, or other third-party services that may power your experience.
9. Disclaimer of Warranties
The Services and all materials and content available through the Services are provided "as is" and on an "as available" basis. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR WILL NOT CONTAIN HARMFUL CODE.
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, UP TO DATE, OR RELIABLE.
- NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS, REPRESENTATIONS, TERMS OR WARRANTIES AND TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.
We may change, suspend, withdraw, or restrict the availability of all or any part of the Services for business and operational reasons at any time without notice.
WE ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT TO YOU AFTER SUSPENSION OR TERMINATION OF ANY SERVICES, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR COMMITMENT.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US WITHIN THE LAST TWELVE (12) MONTHS OR FIFTY US DOLLARS (USD $50), WHICHEVER IS HIGHER.
11. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LOVSPARK, OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND THIRD-PARTY PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES ARISING FROM YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIMS ARISING FROM YOUR CONTENT, YOUR USE OF THE WEB CLIPPER, OR YOUR PUBLICATION OF CONTENT TO THE COMMUNITY LIBRARY.
12. Dispute Resolution and Governing Law
12.1 Dispute Resolution
Unless otherwise specified in applicable laws or regulations, all claims or disputes arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the courts of the Hong Kong Special Administrative Region.
Waiver of Jury Trial and Class Actions
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LOVSPARK EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT ANY CLAIMS WILL BE BROUGHT INDIVIDUALLY, AND NOT AS PART OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
12.2 Governing Law
Except as otherwise specified in applicable laws or regulations, these Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws rules.
13. Termination and Effect of Termination
This Section 13 consolidates the termination rules that apply to your use of the Services. Individual termination rights also appear in Section 3 (Account), Section 5.7 (Web Clipper), and Section 6 (Paid Services); to the extent of any conflict, this Section 13 prevails.
13.1 Termination by you
You may terminate your account, and thereby these Terms, at any time by following the account-deletion instructions in Section 3.4 or by emailing [email protected] with the subject "Account Termination Request". Termination by you does not entitle you to a refund of any fees already paid, except where Section 13.4 or applicable law expressly provides otherwise.
13.2 Termination by us — for material breach
We may terminate or suspend your access to all or part of the Services, with or without notice, upon your material breach of these Terms. A "material breach" includes, but is not limited to:
- failure to pay any fees when due;
- breach of Section 4 (User Conduct and Prohibited Activities);
- breach of Section 5 (Content and License), including any infringement of third-party intellectual property rights;
- misuse of the Web Clipper in violation of Section 5.7;
- providing false, misleading, or fraudulent information at registration or thereafter;
- any conduct that exposes us, our users, or third parties to legal liability, security risk, or material reputational harm;
- any use of the Services in violation of applicable law.
For breaches that are reasonably curable and not urgent or repeated, we will provide you with 14 days' written notice and an opportunity to cure the breach before terminating your account. For urgent, repeated, or non-curable breaches — including any conduct that may cause immediate harm or legal exposure — we may terminate or suspend your account immediately upon notice.
13.3 Termination by us — for convenience
We may terminate these Terms and your access to the Services for any reason or no reason by providing you with at least 30 days' advance notice by email or via the Platform. In the case of such termination for convenience, we will refund the unused portion of any pre-paid subscription fees on a pro-rata basis.
13.4 Effect of termination
Upon any termination of these Terms, regardless of cause:
- Access ceases. Your right to access and use the Services terminates immediately on the effective date of termination.
- Data deletion. Your account will enter a 14-day soft-delete state during which you may request re-activation. After the 14-day window, all personal data associated with your account will be permanently erased or de-identified, except as required to be retained by applicable law (such as tax, accounting, or anti-fraud records) or as necessary to defend legal claims.
- Pre-paid fees. Any pre-paid subscription fees are non-refundable unless termination is by us under Section 13.3 (for convenience), or by you in response to a material change to these Terms under Section 2, in which case we will refund the unused portion on a pro-rata basis. Fees attributable to consumed Credits, used Premium features, or completed transactions are not refundable in any event.
- Content licenses. Any content you contributed to the Community Library before termination may remain available under the licenses you previously granted, in accordance with Section 5.
- Accrued liabilities. Each party remains liable for any fees, indemnities, or other obligations accrued before the effective date of termination.
13.5 Survival
The following sections shall survive any termination or expiration of these Terms: Section 5 (Content and License — with respect to content licenses already granted before termination), Section 6.5 (Refund Policy — for refund obligations accrued before termination), Section 7 (Intellectual Property Rights), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Dispute Resolution and Governing Law), this Section 13.4–13.5, and any other provisions which by their nature should survive termination.
14. Contact Information
If you have any complaints, suggestions, or other questions on these Terms, please contact us through email at [email protected]. We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.