Terms of Service

1. Definitions

“Atlantic AI”, “Company”, “we”, “us” or “our” means Bice AG, acting through its Atlantic AI SaaS division. “Customer” means the legal entity subscribing to the Services. “Services” means the Atlantic AI software platform, including booking engine, automation workflows, integrations, analytics, and AI agents. “Platform” means the infrastructure, APIs, databases, and workflows operated by the Company. “Third-Party Systems” include PMS, PSPs, cloud providers, APIs, and external software. “Client Data” means all data processed through the Platform. “Benefit Metrics” means measurable economic outputs including booking revenue, upsell revenue, and cost savings.

2. Scope of Services

The Company provides a software-as-a-service platform enabling direct booking functionality, payment orchestration, integrations with Third-Party Systems, automation workflows, analytics, and AI-assisted execution. The Services are provided on an “as is” and “as available” basis. The Company does not act as a payment institution, financial intermediary, travel agency, hotel operator, or fiduciary.

3. Onboarding and System Authorization

The Customer authorizes the Company to access and process data from Third-Party Systems, configure workflows, execute authorized system actions, and prepare the Customer’s direct-booking environment. The Customer remains solely responsible for data accuracy, system configuration, business logic, operational decisions, and lawful use of connected systems.

4. AI Agents and Automation

The Platform may deploy AI agents capable of generating content, communicating with guests, executing workflows, and making decisions where configured and authorized by the Customer. The Customer acknowledges that AI outputs and decisions are non-deterministic and may be inaccurate, incomplete, inappropriate, or unintended.

Where the Customer enables autonomous operation, the Customer expressly authorizes such AI agents and automation workflows to act on its behalf and assumes full responsibility for resulting actions, decisions, and consequences, including bookings, pricing, offers, communications, cancellations, data updates, and workflow execution.

The Company does not supervise, validate, or approve individual AI decisions and shall not be liable for AI-generated or AI-executed outcomes under Customer authorization.

5. Prompt Injection and Adversarial Inputs

The Platform may process external inputs, including guest messages, user-generated content, and API data. The Customer acknowledges risks including prompt injection, malicious inputs, manipulated instructions, and adversarial behavior. The Company does not guarantee prevention of such risks.

6. Automation Levels and Human Oversight

The Customer may configure manual, assisted, or automated modes. The Customer freely selects its automation level and accepts that risk increases with automation. Human-in-the-loop controls may be available but are optional and do not eliminate operational risk.

7. Responsibility for Configuration

The Customer is solely responsible for safeguards, thresholds, approvals, monitoring, and review of system actions. Default settings are provided for convenience only and do not constitute recommendations.

8. Pricing, Billing, and Payment Authorization

Fees may consist of fixed subscription fees and variable fees based on Benefit Metrics, including direct-booking turnover. Billing may be calculated automatically from Platform data, integrations, Stripe data, estimation models, benchmarks, or other available records.

The Customer authorizes the Company to use Stripe or equivalent payment service providers to charge the selected payment method for recurring subscription fees and variable fees. Payment authorization remains valid until termination or cancellation in accordance with these Terms.

9. Invoicing, VAT, and Tax Treatment

Invoices are issued by Bice AG. VAT or reverse-charge treatment is determined based on the Customer’s billing country, company status, tax identification details, and applicable law. The Customer is responsible for providing accurate billing and tax information. International business customers may receive invoices without Swiss VAT where applicable.

10. Data and Integrations

The Customer grants the Company the right to access and process Client Data for service delivery, onboarding, billing, analytics, support, and optimization. The Company does not guarantee availability, accuracy, or continuity of Third-Party Systems, including PMS, PSPs, APIs, cloud providers, or open-source software components.

11. EU Hosting and Data Processing

The Platform may be hosted on European infrastructure, including Germany and Finland. The Customer acknowledges that global access may occur by authorized users, service providers, or support personnel where operationally required.

12. GDPR Roles

The Customer acts as data controller for Client Data. The Company acts as processor or technical service provider, unless otherwise agreed. The Customer is responsible for lawful data collection, guest communication compliance, regulatory compliance, and operational legality.

13. Security and Shared Responsibility

No system is fully secure. The Company applies commercially reasonable best-effort security measures at Platform level. The Customer remains responsible for credentials, connected systems, endpoints, internal access controls, and user behavior. The Company shall not be liable for unauthorized access, cyberattacks, data loss, or breaches except where liability cannot be excluded by law.

14. Third-Party Systems, Payments, and Open Source

The Company is not liable for failures, interruptions, errors, vulnerabilities, payment failures, chargebacks, fraud, PSP issues, API errors, or cloud outages caused by Third-Party Systems. The Platform may incorporate open-source components including n8n, PostgreSQL, and related libraries, subject to their respective licenses and without warranties from the Company.

15. Service Availability and Changes

The Company does not guarantee uptime, error-free operation, real-time execution, data retention, or backward compatibility. The Company may modify, suspend, discontinue, update, or replace features, workflows, models, APIs, or logic at any time.

16. Fraud, Abuse, and Misuse

The Company is not liable for fraudulent activity, bot attacks, malicious third-party behavior, unsupported use cases, misuse, or consequences resulting from use outside the intended scope.

17. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for loss of profit, loss of revenue, loss of business, loss of data, reputational damage, indirect damages, special damages, consequential damages, or damages arising from AI decisions, automation, integrations, Third-Party Systems, or Customer configuration.

18. Liability Cap

Total aggregate liability of the Company is limited to the lower of: fees paid by the Customer in the previous 12 months; the contractual cap stated in the applicable order or subscription agreement; or the portion of Customer turnover directly attributable to the Services. Nothing in these Terms excludes liability where exclusion is not permitted by applicable law.

19. Indemnification

The Customer shall indemnify and hold harmless the Company from claims arising from Platform use, AI outputs, Customer communications, unlawful data processing, misconfiguration, regulatory violations, guest claims, and operational decisions made by or on behalf of the Customer.

20. Term and Termination

The agreement remains in effect until terminated. Either party may terminate with 30 days’ written notice, or immediately for material breach. Upon termination, access may be revoked and outstanding fees remain payable.

21. Force Majeure

The Company is not liable for failures caused by events beyond reasonable control, including infrastructure outages, network failures, regulatory changes, cyber incidents, war, natural disasters, labor disruption, or supplier failure.

22. Governing Law and Jurisdiction

These Terms are governed by Swiss law, unless mandatory law provides otherwise. The place of jurisdiction is Switzerland, subject to mandatory legal provisions.

23. Updates to Terms

The Company may update these Terms from time to time. Continued use of the Services after publication or notification of updated Terms constitutes acceptance.

Final Acceptance

By using the Platform, the Customer accepts AI and automation risks, data and security risks, Third-Party System dependencies, automated billing, Stripe charging, and full responsibility for configuration and operational outcomes.