1. Purpose and scope

1.1 Purpose

This document is the Lanmark TekFix AI Use and Liability Disclaimer (the Disclaimer). It sets out the basis on which Lanmark makes the TekFix AI chat feature available to the Client’s Authorised Users, the limits of Lanmark’s role in respect of TekFix AI output, and the position on Lanmark’s liability arising in connection with use of, or reliance on, TekFix AI output. It supplements, and is to be read with, the Lanmark Master Services Agreement (MSA) and any other Lanmark Service Schedule the Client subscribes to.

1.2 What TekFix AI is

TekFix AI is a Lanmark-branded AI chat feature, currently published at lanmark.com/tekfix, which uses one or more third-party large language model providers to produce automated technical support guidance in response to user prompts. TekFix AI is a trading name of Lanmark Limited and is operated by Lanmark Limited; it is not a separate legal entity, and is not a Service in the same sense as Lanmark’s paid managed Services.

1.3 Eligibility

TekFix AI is made available free of charge to existing Lanmark Clients only, for the Client’s own internal use, and only where the Client holds a current Lanmark support pack, MSP agreement or other current paid Service engagement with Lanmark under a Service Schedule. Lanmark grants access to TekFix AI in Lanmark’s PSA system in Lanmark’s sole discretion. The Client cannot grant or remove TekFix AI access itself. The Client must not, and must not permit any other person to, use TekFix AI on a reseller, white-label, branded resale, onward-resold, channel or other indirect-customer basis. Anonymous, public, non-Client and ineligible use of TekFix AI is outside the scope of this Disclaimer and outside the scope of the MSA.

1.4 Access checks and withdrawal

Access to TekFix AI is gated at the point of use by the access check Lanmark operates in Lanmark’s PSA system from time to time. Lanmark may at any time and without notice restrict, disable, suspend or withdraw access to TekFix AI for any individual user, for the Client as a whole, or for all users, including where Lanmark suspects misuse, prompt-injection activity, attempted security circumvention, breach of Clause 7 of this Disclaimer, or any other matter that Lanmark considers makes continued availability inappropriate.

1.5 Adjunct to substantive Services

TekFix AI is provided as a convenience adjunct to the Client’s substantive engagement with Lanmark under the MSA and the relevant Service Schedule (typically the IT Support Services Schedule or the Managed Cyber Security Services Schedule). TekFix AI is not a substitute for, and does not replace, Lanmark’s human-engineer support under those Service Schedules.

1.6 Order of precedence

Subject to Clause 1.3 of the MSA, this Disclaimer prevails over the MSA only in respect of the specific TekFix AI matters it covers, and only where this Disclaimer explicitly states an override. The explicit overrides are set out at Clause 14.

2. Definitions

The following definitions apply in this Disclaimer. Defined terms in the MSA have the meanings given to them in the MSA and are not redefined here.

• Authorised User means an individual who passes the access check Lanmark operates in Lanmark’s PSA system from time to time and who, in doing so, is permitted by that access check to use TekFix AI on behalf of the Client.
• Disclaimer means this Lanmark TekFix AI Use and Liability Disclaimer.
• LLM Provider means one or more third-party large language model providers whose models, services or platforms Lanmark engages from time to time to power the TekFix AI chat feature. The identity of the LLM Provider in use from time to time is identified in the live Sub-Processors List published at lanmark.com/terms-of-business.
• Service means in this Disclaimer, the TekFix AI chat feature, treated as a limited adjunct to the Client’s substantive engagement with Lanmark rather than as a paid managed Service.
• Support Hours means TekFix AI is provided on a best-endeavours basis whenever Lanmark publishes the chat feature; TekFix AI has no separately-managed Support Hours of its own. Lanmark’s wider human-engineer support coverage applies under the relevant Service Schedule the Client subscribes to.
• TekFix AI means the Lanmark-branded automated chat feature described at Clause 1.2 of this Disclaimer, including any conversational interface, prompt-and-response flow, knowledge base and underlying LLM Provider integration that Lanmark uses to deliver that feature.
• TekFix AI Output means the text, suggestions, instructions, code, links, summaries and other content generated by TekFix AI in response to a user prompt.

3. What TekFix AI is and how it works

3.1 Nature of TekFix AI

TekFix AI is an automated chat interface that accepts a user prompt and returns a text response generated by the LLM Provider, optionally informed by a Lanmark-curated knowledge base. TekFix AI is intended to provide initial, general technical guidance and pointers, primarily to assist Authorised Users in interacting with Lanmark’s helpdesk and Service Schedules, not to replace substantive Lanmark engineering input.

TekFix AI Output is generated automatically by an LLM Provider. It is not reviewed by a Lanmark engineer before it is shown to the Authorised User, unless Lanmark’s TekFix AI documentation expressly says otherwise. Lanmark does not represent that TekFix AI Output has been reviewed, validated, verified or approved by a Lanmark engineer at the time it is generated.

TekFix AI may, from time to time and at Lanmark’s discretion, be updated, retrained, reconfigured, switched between LLM Providers, augmented with additional knowledge sources, restricted, paused or withdrawn. Lanmark does not commit to maintaining TekFix AI in any particular form, with any particular LLM Provider or with any particular capability.

3.2 Inherent limitations of large language models

TekFix AI does not have direct access to, knowledge of, or visibility of the Client’s actual environment, configuration, current incident state, recent changes, real-time telemetry, security posture, licensing entitlement, compliance posture or any other live state. TekFix AI Output is generated on the basis of the prompt text and the LLM Provider’s general training, supplemented (where applicable) by Lanmark’s curated knowledge base. It is not a diagnosis of, or a recommendation tailored to, the Client’s actual environment.

TekFix AI is not a regulatory, compliance, legal, accounting, medical or other professional advisory tool. Even where TekFix AI produces output that appears to address a regulatory, compliance, security, legal, accounting or similar question, that output is not professional advice, has not been validated by a qualified professional, and must not be relied upon as professional advice.

4. In scope and out of scope

4.1 In scope

This Disclaimer covers:

• use of the TekFix AI chat feature by the Client’s Authorised Users in the access arrangement Lanmark publishes from time to time
• the position on Lanmark’s responsibility, liability and disclaimers in respect of TekFix AI Output
• the Client’s responsibilities when an Authorised User uses TekFix AI
• the data protection particulars for TekFix AI prompts and responses, and the relationship with the LLM Provider for that purpose

4.2 Out of scope

The following are outside the scope of this Disclaimer and are not regulated by it. Where any of the following is provided to the Client, it is provided under the MSA and the relevant other Service Schedule:

• human-engineer Lanmark support, helpdesk response, incident remediation and escalation (supplied under the IT Support Services Schedule, the Managed Cyber Security Services Schedule and the other Service Schedules)
• Lanmark AI consultancy, AI implementation projects, AI services design, Microsoft Copilot rollout, Microsoft Copilot governance, custom AI build, custom AI integration, AI strategy, AI training and any other paid AI engagement (supplied under the Project Services Schedule)
• AI-assisted output produced by Lanmark engineers in the course of delivering a paid Service. Where Lanmark uses AI internally to assist its engineers, the substantive Service is delivered, reviewed and owned by Lanmark under the relevant Service Schedule
• use of TekFix AI by any person who is not an Authorised User of an eligible Client, or who has not passed the access check operated by Lanmark
• use of any LLM Provider service directly by the Client outside the TekFix AI chat feature (for example, the Client’s separate subscription to the LLM Provider’s own consumer or business service). That direct use is governed by the LLM Provider’s own terms

5. Service Levels

Where the Client has a substantive support, security, project or other engagement with Lanmark under another Service Schedule, the Service Levels for that engagement are set out in that Service Schedule and continue to apply on their own terms. TekFix AI interactions do not count as helpdesk tickets, do not start the clock on a helpdesk response target under another Service Schedule, and do not constitute escalation to Lanmark under another Service Schedule, save where the relevant other Service Schedule expressly says otherwise.

Subject to Clause 9 (and in particular the non-excludable carve-outs at Clause 9.3), this Clause 5 states the Client’s full and exclusive remedy, and Lanmark’s only obligation and liability, in respect of TekFix AI Service Levels or the absence of them. No service credit, fee reduction, repayment of Fees, refund or any similar monetary remedy is available in respect of TekFix AI.

6. Operational arrangements

6.1 Access

TekFix AI is made available to the Client’s Authorised Users through the access arrangement Lanmark publishes from time to time. The Client is responsible, as between the Client and Lanmark, for the use of TekFix AI by any individual who passes the access check Lanmark operates in Lanmark’s PSA system, however that individual came to pass it. The Client is also responsible for ensuring that Authorised Users understand the limitations of TekFix AI Output set out at Clause 3 and the use rules set out at Clause 7. The Client may at any time ask Lanmark to remove the Client’s TekFix AI access at Client level through the helpdesk channel; Lanmark will action that request in Lanmark’s PSA system.

6.2 Human-engineer escalation

6.3 Records of interaction

Lanmark retains records of TekFix AI prompts and responses for the purposes of operating, monitoring, securing, supporting and improving TekFix AI, and for compliance, audit and quality purposes. Where this Disclaimer refers to ‘training and improving’ TekFix AI, that means Lanmark-side quality review, safety tuning, knowledge-base improvement and operational service improvement of TekFix AI; it does not mean training of the LLM Provider’s underlying or general-purpose large language models on Client prompt or response data. Retention of TekFix AI records is governed by Lanmark’s Data Protection and Retention Policy and by Clause 10 of this Disclaimer.

7. Client responsibilities

To enable Lanmark to make TekFix AI available, and to manage the inherent limitations of large language models, the Client will:

Where the Client does not meet a responsibility under this Clause 7, and that failure causes or materially contributes to a loss arising in connection with TekFix AI or a third-party claim involving TekFix AI, Lanmark is not liable for the consequent loss or damage, and the Client’s indemnity at Clause 8 applies to the extent set out in Clause 8.

8. Indemnification

The Client will indemnify Lanmark against any third-party claim made against Lanmark (including regulatory action by any regulator or supervisory authority, and including claims by employees, customers or counterparties of the Client), and against Lanmark’s reasonable costs and expenses (including reasonable legal fees) incurred in connection with such third-party claim or regulatory action, in each case to the extent the claim or action arises out of or in connection with:

• the Client’s breach of any obligation under this Disclaimer or the MSA
• any prompt, input, data or content that an Authorised User pastes, types, uploads or otherwise submits to TekFix AI, where doing so was prohibited by Clause 7, would breach the LLM Provider’s acceptable use rules or published terms or any applicable law
• any action taken (or not taken) by the Client, an Authorised User, or any party acting under the Client’s instruction or control, in reliance on TekFix AI Output, including any operational, security, compliance, commercial, regulatory, legal or accounting action, except to the extent the third-party claim or regulatory action is caused by Lanmark’s gross negligence, wilful misconduct, breach of a non-excludable obligation, or an authorised human instruction given by Lanmark to the Client outside the TekFix AI chat
• any representation, hold-out or other treatment of TekFix AI Output as Lanmark engineering advice, Lanmark professional advice, a Lanmark service ticket, a Lanmark commitment or any other authoritative source, beyond what TekFix AI Output is described as at Clauses 3.1 and 3.2
• any use of TekFix AI by, or on behalf of, the Client that breaches the LLM Provider’s acceptable use rules, the LLM Provider’s published terms or any applicable law, regulation, code of conduct or acceptable use rule

The indemnity above does not apply to the extent that the matter giving rise to the third-party claim or regulatory action is caused by the gross negligence or wilful misconduct of Lanmark, or by Lanmark’s breach of a non-excludable obligation under the Data Protection Legislation, the MSA or applicable law.

The Client’s indemnity at this Clause 8 is subject to the limitations and exclusions of liability at Clause 18 of the MSA (including the per-Service per-Contract Year cap at Clause 18.2 and the exclusions at Clause 18.3 of the MSA).

9. Disclaimers and liability

This Clause 9 is the core protective effect of this Disclaimer. It is to be read with the limitations and exclusions of liability at Clause 18 of the MSA, and is a Service-specific application of, and Service-specific override of, those provisions for TekFix AI.

9.1 No warranty in respect of TekFix AI Output

9.2 Exclusion of liability for TekFix AI Output

This Clause 9.2 reflects the basis on which Lanmark makes TekFix AI available: as an automated chat adjunct to the Client’s substantive engagement with Lanmark, at no separately-identified Fee for TekFix AI itself, in circumstances where the inherent limitations of large language models are well known. Lanmark would not make TekFix AI available without the protection in this Clause 9.

This Clause 9.2 prevails over Clause 18 of the MSA for liability arising in connection with TekFix AI. Where Clause 18 of the MSA would otherwise allow Lanmark liability that this Clause 9.2 excludes, this Clause 9.2 prevails.

9.3 Non-excludable carve-outs

Subject to the non-excludable carve-outs above, Lanmark accepts no further liability in connection with TekFix AI. Where a matter falls outside the non-excludable carve-outs, the exclusion at Clause 9.2 applies to the fullest extent permitted by applicable law.

10. Data protection particulars

This Clause 10 supplements Clause 13 (Data protection) of the MSA and sets out the Article 28 processing particulars for TekFix AI. Defined terms in Clause 13 of the MSA apply in this Clause. TekFix AI involves Lanmark, on the Client’s behalf, sending Authorised User prompts to the LLM Provider for processing, and returning the LLM Provider’s response to the Authorised User; Lanmark and the LLM Provider may both process Personal Data incidentally contained in prompts and responses in the course of doing so.

For clarity on the LLM Provider’s role split: where the LLM Provider processes Authorised User prompts and the LLM Provider’s responses to them in order to deliver TekFix AI to the Client, the LLM Provider acts as Lanmark’s Sub-Processor on Lanmark’s documented instructions (Clauses 13.5 to 13.7 of the MSA apply). Where the LLM Provider carries out processing under its own legal, regulatory or statutory obligations (for example, fraud, abuse or security monitoring it is required by law to perform), the LLM Provider acts independently of Lanmark for that processing only. Lanmark uses reasonable endeavours to engage the LLM Provider on terms that are appropriate for business use (including, where commercially available, no model training on Client prompt data, and limited retention of prompt data), but does not warrant the LLM Provider’s compliance with those terms.

The Client acknowledges that, notwithstanding Clause 7, Authorised Users may inadvertently include Personal Data in prompts. The Client is responsible for managing that risk through Authorised User awareness, training and supervision. Lanmark is not liable for any Personal Data the Authorised User chooses to include in a prompt in breach of Clause 7.

11. Sub-Processors used in delivering TekFix AI

Lanmark uses Sub-Processors to make TekFix AI available, in accordance with Clauses 13.5 to 13.7 of the MSA. The categories of Sub-Processor used in delivering TekFix AI are:

The current Sub-Processor in each category is identified in the live Sub-Processors List published at lanmark.com/terms-of-business.

12. Relationship with the LLM Provider

Lanmark engages one or more LLM Providers from time to time to power TekFix AI. The LLM Provider’s underlying model, service or platform is operated by the LLM Provider, not by Lanmark. Lanmark may change the LLM Provider, model version or configuration from time to time at Lanmark’s discretion and without notice to the Client.

Where TekFix AI depends on the operation of the LLM Provider, Lanmark’s obligations in respect of TekFix AI are subject to the LLM Provider operating its service in accordance with the LLM Provider’s own terms. Lanmark is not liable for any act or omission of the LLM Provider, including any failure of the LLM Provider’s service to operate as expected, any change in the LLM Provider’s terms, any LLM Provider-imposed end-of-life of a model, or any change in the LLM Provider’s pricing or operating model. This does not limit Lanmark’s own responsibility under Clause 13 of the MSA and the Data Protection Legislation for Lanmark’s appointment, instruction and oversight of the LLM Provider as Sub-Processor where the LLM Provider processes Personal Data on Lanmark’s behalf in connection with TekFix AI.

Lanmark does not undertake to mirror, reproduce, repackage or pass through any LLM Provider undertaking, warranty, service level, accuracy commitment, support commitment, business-use undertaking or other LLM Provider position, and does not give the Client any direct benefit of any such LLM Provider position. The Client may not enforce against Lanmark any LLM Provider commitment, including any LLM Provider commitment about accuracy, training, retention, hallucination, safety or output quality.

13. Commercial terms

TekFix AI is provided to eligible Clients (Clause 1.3) free of charge for the Client’s own internal use. There is no separately-identified Fee for TekFix AI in the ordinary course, and there is no separate Order Form for TekFix AI in the ordinary course. The Client’s access to TekFix AI is part of the wider commercial relationship under the MSA and the Client’s other Service Schedules.

Lanmark may, in the future, introduce a paid tier, a usage-based charge or a separate Order Form arrangement for TekFix AI. No new TekFix AI Fee applies to the Client unless and until it is set out in an Order Form variation or other written commercial agreement signed by, or otherwise accepted by, the Client.

Lanmark may suspend, restrict, throttle or withdraw TekFix AI at any time, with or without notice, and is not liable to the Client for doing so. Where Lanmark withdraws TekFix AI permanently, this does not affect the Client’s continuing engagement under the MSA and the Client’s other Service Schedules.

14. Explicit overrides of the Master Services Agreement

Clause 1.3 of the MSA provides that a Service Schedule or other Service-specific document prevails over the MSA only in respect of specific service detail and only where that document explicitly states an override. The following provisions of this Disclaimer are explicit overrides of the MSA for TekFix AI:

• Clause 5 of this Disclaimer sets the position that TekFix AI does not have Service Levels and that no service credit, fee reduction, refund or similar monetary remedy is available in respect of TekFix AI. Clause 5 prevails over any inconsistent position that Clause 17 of the MSA or any other Service Schedule might otherwise be read to allow for TekFix AI.
• Clause 9 of this Disclaimer (and in particular Clauses 9.2.1 and 9.2.3) sets the Service-specific liability position for TekFix AI: subject only to the non-excludable carve-outs at Clause 9.3, Lanmark accepts no liability for TekFix AI Output, any reliance on it or any consequence of it. Clause 9 prevails over Clause 18 of the MSA for liability arising in connection with TekFix AI, including over the MSA liability cap.
• Clause 8 of this Disclaimer sets out a Service-specific Client indemnity in respect of TekFix AI, in addition to (and not in substitution for) any indemnity provided under the MSA or another Service Schedule.
• Clause 12 of this Disclaimer sets out the LLM Provider pass-through position: Lanmark engages the LLM Provider on the Client’s behalf, may change the LLM Provider at Lanmark’s discretion, does not warrant the LLM Provider, does not pass through any LLM Provider undertaking, and is not liable for the LLM Provider’s acts or omissions.
• Clause 13 of this Disclaimer sets the Service-specific commercial position: TekFix AI is currently offered at no Fee, no separate Order Form is required in the ordinary course, and Lanmark may suspend, restrict or withdraw TekFix AI at any time.

Save as set out above, this Disclaimer does not override the MSA. Any provision of this Disclaimer that conflicts with the MSA without expressly stating an override under this Clause 14 is to be read consistently with the MSA in accordance with Clause 1.3 of the MSA.

15. Contact

Questions about TekFix AI, this Disclaimer, or the wider Lanmark Terms of Business suite: