Business Terms and Conditions (B2B)

1. Provider and scope

The provider is Fabrice Mack Hernandez, trading under the business names MH Group and avvicenda™, Hohlenmatten 6, 79379 Müllheim, Germany, email: hello@avvicenda.eu.

These terms apply exclusively to businesses. By applying or ordering, the customer confirms that it acts for commercial or independent professional purposes and is authorised to bind the named organisation.

Customer terms apply only if expressly accepted by the provider in text form. An individual agreement, quotation, order confirmation and data processing agreement prevail in the event of conflict.

2. Website, application and contract formation

Product descriptions, prices and pilot applications on the website are non-binding information and do not constitute a binding offer.

Submitting a pilot application is free and non-binding. A contract is formed only by express order confirmation in text form or by activation of an agreed access. There is no entitlement to join the pilot program.

The agreed scope, plan, user count, price and start date are stated in the order confirmation valid at contract formation.

3. Service and licence

avvicenda™ is a browser-based platform for hotel teams, in particular for structured shift handovers, tasks, communication, knowledge and AI-assisted functions. It is supplied as software as a service; source code is not provided.

For the contract term, the customer receives a limited, non-exclusive, non-transferable and non-sublicensable right to use the agreed service for its own hotel operation.

The provider may develop and reasonably modify the service while preserving the agreed core functionality. Material adverse changes are announced in advance in text form.

4. Trial, plans and founding partners

Where agreed, access starts with a 30-day free trial. No credit card is required and the trial does not automatically create a payment obligation. Access ends after the trial unless the customer actively subscribes.

Monthly plans continue indefinitely and may be cancelled at the end of the paid month. Annual plans run for twelve months, are billed in advance and may be cancelled at any time with effect at the end of the current term. An individual quotation prevails.

An agreed founding-partner discount applies only while the relevant subscription and plan continue without interruption. There is no entitlement to reinstate it after termination.

5. Prices and payment

Prices stated in the quotation or order confirmation at contract formation apply, plus any legally applicable taxes. Website prices may change before contract formation.

Fees are due at the start of the billing period and invoices may be delivered electronically. Statutory default rules apply. After notice, access may be suspended while a material overdue balance remains unpaid.

6. Beta status, availability and support

During an expressly designated pilot or beta phase, the service is under active development and may contain errors or temporary limitations. Availability or response-time commitments apply only if agreed as a service level.

Maintenance, security patches, events outside the provider’s reasonable control and force majeure may temporarily limit availability. Planned longer maintenance will be announced where reasonably possible.

Support requests may be sent to hello@avvicenda.eu.

7. Customer obligations

The customer protects credentials, keeps user roles current and reports suspected unauthorised access promptly. It is responsible for the lawfulness, accuracy and required permissions of content submitted by it and its users.

Prohibited uses include unlawful content, circumvention of safeguards, reverse engineering beyond mandatory legal permissions, automated overload, malware, resale and access by persons outside the agreed organisation.

The customer must inform employees and other data subjects and establish the necessary legal bases. Special categories of personal data may only be processed where lawful, necessary and appropriately safeguarded.

8. AI functions and human review

AI functions assist with categorisation, translation, transcription, summaries and suggestions. Outputs may be incomplete or incorrect and must be reviewed by a human before operational, legal, employment or safety-relevant decisions.

avvicenda™ is not an emergency system, medical or legal advice, or a replacement for legally required records or operational emergency processes. It makes no automated decisions with legal or similarly significant effects on individuals.

For categorisation, summaries and the assistant we use Claude via AWS Bedrock; neither AWS nor the model provider uses these inputs and outputs for training.

9. Data protection and processing

For personal data entered into the service by a hotel, the hotel is generally the controller and the provider is the processor. A data processing agreement under Article 28 GDPR must be concluded before production processing.

The customer may only enter personal data in production after the processing agreement is in place and data subjects have been properly informed. Further information is provided in the Privacy Policy.

10. Customer data, confidentiality and intellectual property

All rights in the software, design, marks and provider content remain with the provider or relevant rights holders. Customer rights in its own data and content remain unaffected.

The provider processes customer data only to perform the contract, maintain security and as permitted by the processing agreement. Product improvement uses only anonymised or lawfully aggregated usage data.

Both parties keep confidential any information marked or reasonably understood as confidential. Mandatory disclosure duties remain unaffected.

11. End of contract and return of data

Either party may terminate for material cause. Material cause may include substantial payment default, unlawful use or a serious threat to system security.

After termination, the customer has 30 days to export its data as provided by the contract and processing agreement. Data is then deleted under the processing agreement and retention policy unless statutory retention duties apply.

12. Liability

Liability is unlimited for intent and gross negligence, culpable injury to life, body or health, mandatory product liability and expressly assumed guarantees.

For a slightly negligent breach of an essential contractual duty, liability is limited to the foreseeable loss typical for this type of contract. Other liability for slight negligence is excluded to the extent permitted by law.

The customer remains responsible for decisions based on AI outputs, its content, its data-protection duties and appropriate operational emergency and backup processes. Mandatory statutory claims remain unaffected.

13. Changes, governing law and venue

Changes are communicated in text form. Material adverse changes to an ongoing contract apply only with customer consent or where legally permitted without consent. Changes required by mandatory law or to address a specific security threat remain possible.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent validly agreed between businesses, exclusive venue is the provider’s place of business. Mandatory jurisdiction rules remain unaffected.

If a provision is ineffective, the remaining provisions continue to apply and statutory law replaces the ineffective provision.