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, AI agents, website generation, website hosting, data synchronization, reporting, APIs, and related functionality.

“Platform” means the infrastructure, APIs, databases, workflows, integrations, websites, and related services 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.

“Billable Rooms” means all guest accommodation units configured within the Customer’s connected PMS tenant and available during the applicable billing period, regardless of whether such units are actively distributed, configured, enabled, published, connected, or used through the Atlantic AI booking engine, websites, channels, APIs, integrations, automation workflows, analytics services, reporting services, data synchronization services, or any other Atlantic AI functionality.

For the avoidance of doubt, the number of Billable Rooms is determined from the connected PMS tenant and is not reduced by the Customer’s decision to activate, deactivate, configure, limit, or not use specific Atlantic AI features, properties, websites, booking engines, room types, unit groups, integrations, or services.

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. Contract Formation and Acceptance

The Agreement between the Customer and the Company is concluded when the Customer:

(i) submits an onboarding form or account registration;
(ii) accepts these Terms of Service and any applicable data processing terms;
(iii) activates a subscription, authorizes payment, or otherwise uses the Services.

Electronic acceptance, including click-wrap acceptance, completion of onboarding flows, subscription activation, payment authorization, and continued use of the Services constitute legally binding acceptance of these Terms.

Third-Party System authorizations, including OAuth connections to PMS, PSPs, or other systems, are technical authorizations only and do not by themselves create, modify, or terminate the contractual relationship between the Customer and the Company.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. Pricing, Billing, and Payment Authorization

Fees may consist of fixed subscription fees, per-room subscription fees, implementation fees, website-related fees, and variable fees based on Benefit Metrics, including direct-booking turnover.

Where pricing is based on room count, billing shall be calculated using the number of Billable Rooms during the applicable billing period.

The Customer acknowledges that Atlantic AI provides a broader software platform that may include direct booking technology, website generation and hosting, data synchronization, integrations, APIs, analytics, automation workflows, AI-assisted functionality, reporting, and related services. Accordingly, subscription fees are not dependent upon the Customer’s activation or use of any particular feature, property, website, booking engine, integration, room type, unit group, or service.

Billing may be calculated automatically from Platform data, PMS 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. Term, Technical Disconnect, and Termination

This Agreement remains in effect until terminated in accordance with these Terms.

Either party may terminate the Agreement with thirty (30) days' prior written notice. Termination becomes effective only upon expiration of the applicable notice period, unless immediate termination is permitted for material breach.

Technical disconnection of Third-Party Systems, including revocation of OAuth access, removal of integrations, or disconnection of Atlantic AI from PMS or other systems, does not by itself terminate this Agreement or affect any payment obligations.

For the avoidance of doubt, disconnecting Atlantic AI from Apaleo or any other Third-Party System only terminates the technical integration and associated synchronization services. The contractual relationship between the Customer and the Company remains in force until properly terminated in accordance with these Terms.

Upon termination becoming effective, the Company may revoke access to the Services and disable integrations. Outstanding fees remain payable.

Client Data may be retained for the duration of the contractual notice period and for any additional period required by applicable law, accounting obligations, dispute resolution, fraud prevention, or legitimate business interests. Following expiration of applicable retention periods, Client Data may be deleted, anonymized, or irreversibly aggregated at the Company's discretion, unless continued retention is legally required.

The Customer is responsible for exporting any required data prior to termination or expiration of applicable retention periods.

22. 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.

23. 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.

24. 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.