General Terms and Conditions (GTC)

discontinue.dev MAS GmbH – "Discontinue" AI operations platform for hotels

Version 4.6 · As of: 12 September 2026

Note: These GTC are designed for a B2B SaaS offering and are directed exclusively at businesses within the meaning of Section 1 KSchG (hotel operators and commercial customers).

Section 1 Scope and Provider

(1) These General Terms and Conditions ("GTC") govern the use of the Software-as-a-Service platform Discontinue ("Platform", "Service") by the customer.

(2) The provider and contracting party is:

discontinue.dev MAS GmbH
Bruno-Marek-Allee 5, 1020 Vienna, Austria
Commercial Register court: Vienna Commercial Court · Commercial Register number: FN 680165 v
VAT ID: ATU83468178 · Managing Director: Stefan Starflinger (authorised to represent the company individually)
Email: [email protected]
(hereinafter "Discontinue", "Provider", "we")

(3) These GTC apply exclusively to businesses (Section 1 KSchG), legal entities under public law and special funds under public law. The Service is not directed at consumers.

(4) The GTC apply to all contracts for the use of the Platform. Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their application in writing. This consent requirement also applies where we render the service without reservation in the knowledge of the customer's terms.

(5) These GTC form part of every Usage Agreement and are supplemented by the respective Usage/Activation Agreement (order form) and the Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. In the event of conflicts, the order of precedence under Section 16 applies.

Section 2 Definitions

Section 3 Subject Matter of the Contract and Description of Services

(1) Discontinue is an AI-supported operations platform for hotels that builds on the source systems connected by the customer. On the Platform, the customer independently configures reports and agents that access the customer's own data from the connected systems.

(2) The scope of services includes in particular:

• Reports: creation of structured analyses via natural language in the builder as well as scheduled execution and automated delivery via the channels chosen by the customer (email, customer-connected chat/messaging services, file download); the scheduled run executes the plan defined in the builder deterministically (Section 4(1)).
• Agents: time- or event-triggered automations (monitoring, alerting, preparation of measures) based on data from the connected systems.
• Knowledge Stack: KPI glossary (deterministic calculations such as ADR, RevPAR, occupancy), hotel-specific knowledge and marketplace templates.
• Approval queue: human approval for all write operations to the connected systems.

(2a) Marketplace templates and KPI glossary. Marketplace templates are non-binding configuration templates. Where the customer adopts a template into its workspace, that template becomes the customer's own configuration within the meaning of Section 11(2); the customer is responsible for its suitability, its parameterisation and its use. To that extent Discontinue owes that the unmodified template is technically executable at the time of its adoption and, according to its documented intended purpose, does not constitute a use that is impermissible under Section 8(5); this does not apply to subsequent modifications, to the parameterisation or to differing purposes of the customer. Discontinue's obligations as provider under Regulation (EU) 2024/1689 remain unaffected. The customer does not acquire ownership of the pre-existing components of a template; it does, however, receive an unlimited, non-exclusive right in time to export the prompt created from an adopted template in accordance with Section 14a and to continue using it outside the Platform for its own purposes.

The calculation formulas stored in the KPI glossary are documented standard defaults of the tool. Discontinue owes their faithful, reproducible and documented execution, not their professional suitability for the individual customer's reporting: whether a metric definition corresponds to the customer's operational, contractual or accounting requirements is for the customer to assess on its own responsibility before use. The formulas used are described in the product documentation; that description serves as an explanation and is not part of the contract.

(3) The Platform provides tools with which the customer creates its own content. Discontinue does not itself create the customer's reports or agents and does not make any business decisions for the customer.

(4) The contractually owed performance results from these GTC and the Usage Agreement. The product documentation explains how the Platform is used, but is not part of the contract and does not establish any agreement as to quality; this does not apply to the price overview under Section 10(4), which is authoritative for the amount of the consumption-based rates and their effective dates. We continuously develop the Platform and are entitled to add, modify or discontinue features, provided that the contractually owed core benefit is preserved (Section 16).

(5) Beta features may be provided as such where labelled. They are made available "as is" and without warranty and may be modified or discontinued at any time.

Section 4 AI-Supported Features, Notices and Human Oversight

(1) The Platform uses artificial intelligence models ("AI") to configure reports and agents, to execute agents and to structure and formulate content. AI processing takes place in the builder, during agent runs, in chat and during validations. A scheduled report run executes the plan defined in the builder deterministically; no AI processing and no transfer to the AI provider takes place in that step. For the AI features, Discontinue uses one or more AI models or providers as well as an underlying agentic/orchestration framework and may change these at any time (paragraph 8). Which AI providers are used is set out in the Sub-Processor List (Annex 1 to the DPA), with identity, location, processing purpose and transfer basis; that list governs in this respect. For all models used the following applies: a no-training guarantee is in place. As regards storage at the AI provider: for the stateless AI functions (builder, chat, validations), storage is generally limited to a maximum of 30 days (solely for abuse detection), followed by automatic deletion; the terms of individual AI providers provide for exceptions to this standard retention period — for instance longer retention of flagged content. Where a processing route uses an agent environment managed by the AI provider, the session history and any task resources of each agent are additionally stored there for the operating life of the agent; they are deleted when the customer deletes the agent (paragraph 5). The periods and exceptions applicable to each provider are set out in the Sub-Processor List. Statutory retention obligations and retention for dispute resolution remain unaffected. An AI provider is used only if it undertakes — contractually or through documented provider commitments (published provider documentation or product-side configuration forming part of the documented instructions) — the above no-training guarantee and a limited retention period, or the ability for Discontinue to delete the stored content at any time, or equivalent safeguards. Details are set out in the DPA including its annexes and the Privacy Policy.

(2) AI-generated content may contain errors. The data values presented in reports originate from the connected systems (live data) and are calculated deterministically in the scheduled run in accordance with the plan defined in the builder; the AI element lies in the set-up in the builder (selection of queries, structuring and formulation) and in the outputs of agent runs, chat and validations. The customer is obliged to independently verify business-critical figures and results before making a decision based on them. Discontinue assumes no warranty for the accuracy, completeness or suitability of AI-generated outputs for a particular purpose. Validations are an automated self-check of the agent configured by the customer against that agent's own configuration; they are not a substantive assessment and not a confirmation by Discontinue. A passed validation does not release the customer from its verification duty under this paragraph.

(3) Overview of the data flow. The following applies to the individual functions:

(4) Write operations and human release. Write operations to the connected systems (e.g. notes, folio adjustments, reservation updates) by default pass through an approval queue and are executed only after release by an authorised employee designated by the customer (human-in-the-loop). For an individual agent, the customer may, by explicit separate activation (opt-in), determine that that agent's write operations are executed without individual release; without such opt-in, no write operation is carried out autonomously. The configuration, the selection of the released tools and operations, and any opt-in are the customer's responsibility.

(5) Cross-run reuse for agents (agent memory). An AI run trace is created for every agent run. For agents, the results of previous runs are drawn on again in subsequent runs — via the run trace and, where the applicable processing route uses an agent environment managed by the AI provider, via the session history kept there for each agent; in doing so, this content is again processed with AI support and, to that extent, transferred to or processed at the AI provider of the applicable processing route.

The reuse is an essential functional characteristic of the agent function and is not separable from it. It serves to validate the execution of that agent, to correct it automatically after failed runs and to keep it continuously maintained — the customer should be able to operate its automations without external support. The customer determines it by creating and activating an agent; where the customer does not select the function, reports are available, whose scheduled runs trigger neither AI processing nor reuse (paragraph 3).

Reuse takes place exclusively within the same tenant and the same agent; no cross-tenant analysis takes place. It does not serve to improve the Platform, the models used or any other purposes of Discontinue (Section 11(3)). As regards retention: Discontinue's own run traces are retained for 90 days; the session history and any task resources in an agent environment managed by the AI provider exist for the operating life of the agent. The controller may deactivate or delete an agent at any time. Where the controller deactivates an agent, no further runs and therefore no further reuse take place; the run traces already in existence are deleted upon expiry of their retention period, while the session history at the AI provider remains in place until the agent is deleted. Where the controller deletes the agent, that agent's run traces as well as the associated session history and task resources at the AI provider are deleted; backup copies are overwritten upon expiry of the backup cycle (at most twelve months).

(6) AI Act transparency. Discontinue fulfils the obligations applicable to it under Regulation (EU) 2024/1689 (the "AI Regulation"/"AI Act"), in particular the transparency obligations under Art. 50, by labelling AI interactions and AI-generated content. The customer undertakes, within the scope of its use, to likewise comply with the transparency and information obligations applicable to it and takes measures to support the AI literacy of its staff (Art. 4 of Regulation (EU) 2024/1689 as amended by Regulation (EU) 2026/1744, applicable since 2 February 2025; transparency obligations under Art. 50 from 2 August 2026); we provide supplementary information in the AI Literacy Guide.

(7) In the standard configuration, the Platform does not make any autonomous decisions about guests or staff. All outputs are designed as support for human decision-makers and do not replace professional judgement. In the standard configuration, no automated individual decision within the meaning of Art. 22 GDPR takes place: write operations pass through human approval. Where the customer expressly activates opt-in operation for an agent, it is responsible as controller for assessing whether that agent's outputs constitute a decision with legal or similarly significant effect and for meeting the requirements of Art. 22 GDPR.

(8) Choice and change of AI models and agentic framework. The selection of the AI models, AI providers and the underlying agentic/orchestration framework used lies – subject to a model or stack selection under paragraph 10 – solely with Discontinue. Discontinue may change, supplement, replace or remove the AI models, AI providers and the agentic/orchestration framework at any time — including switching to other API providers, to self-/locally hosted models or to other forms of procurement — provided that the contractually owed functionality is substantially preserved and the level of data protection (in particular no-training and limited retention, or equivalent guarantees) is maintained. Such a change serves the continuous improvement of the platform's operation, performance and cost and may have either a lowering or an increasing effect on the fees under Section 10(4). This is an ordinary operational measure, is not a material change, and gives rise to no extraordinary right of termination, price reduction or warranty claim; this applies in particular where the contractually owed functionality is substantially preserved and the level of data protection is maintained. Discontinue will announce the change or addition of an AI provider in text form at least 14 days before it takes effect, including where no statutory obligation to do so exists; the announcement states the provider, its location and the transfer basis. Any data-protection notice/objection rights are governed solely by the DPA. The customer's extraordinary termination right under section 8(2) of the DPA and the termination right under Section 16(2) remain unaffected.

(9) "As is" for AI. AI systems are by their nature probabilistic and not fully controllable or predictable; Discontinue has no influence on the internal behaviour of the underlying models. The AI features are provided without any assurance of a particular suitability, accuracy, availability or result ("as is"). Any liability is governed exclusively by Section 13.

(10) Model and stack selection by the customer. Discontinue may offer the customer a model selection in which the customer chooses between several selection levels (Section 2) for individual functions or per agent, as well as a stack selection in which the customer chooses between several AI processing routes (agent stacks, Section 2) per workspace. Discontinue determines the designation, number and composition of the selection levels and of the processing routes offered; they are shown in the platform and in the price overview (Section 10(4)) and may be supplemented at any time. The designation of a selection level describes its performance class and its purpose of use; it does not name the underlying model. Which AI provider (legal entity) is assigned to a selection level is designated in the Sub-Processor List (Annex 1 to the DPA). Where a model or stack selection is offered, the customer makes the selection; in all other respects paragraph 8 sentence 1 continues to apply.

EU designation. Selection levels that are assigned exclusively to AI providers which, according to Annex 1 to the DPA, process personal data exclusively within the EU/EEA carry an EU designation; all other selection levels may be assigned to AI providers that process in a third country and carry no EU designation. The designation is displayed at the point of selection and in the price overview; where AI providers that process personal data in a third country are assigned to a selection level or a processing route, this is also indicated at the point of selection. On the processing route via the AI provider, only selection levels without an EU designation are available; on the self-hosted agent stack, the selection levels designated there are available with and without an EU designation. The customer may restrict the selection levels and processing routes permitted for a workspace; the restriction takes effect for all users of that workspace. Where the customer restricts a workspace to selection levels carrying an EU designation, no transfer to AI providers outside the EU/EEA takes place in the AI chain of that workspace; the transport route designated separately in Annex 1 remains unaffected.

The customer's selection of a processing route and of a selection level constitutes a documented instruction within the meaning of the DPA. A change of the processing route of a workspace takes effect for future runs; session histories and task resources already stored in an agent environment managed by the AI provider remain unaffected by it and are deleted in accordance with paragraph 5 upon deletion of the respective agent. The providers involved in a processing route are designated in the Sub-Processor List (Annex 1 to the DPA). A change of model or model version within a provider designated there does not require an announcement, provided that the place of processing and the guarantees given (in particular no-training and limited retention, or equivalent guarantees) remain unchanged; the addition of an additional legal entity is governed by section 8(2) of the DPA.

The fee incurred per level is displayed in euros in accordance with Section 10(4) before the selection is made and before and after consumption. Discontinue may change the models, providers and frameworks underlying a selection level or a processing route in accordance with paragraph 8; this does not constitute a change to the selection made by the customer as long as the level or processing route continues to correspond to its stated purpose of use and any EU designation is retained. Where Discontinue discontinues a selection level, it assigns the affected configurations to the most comparable selection level of the same processing route with the same designation and announces this at least 14 days in advance in text form; a reassignment from a selection level carrying an EU designation to a selection level without an EU designation takes place only with the customer's consent; where no selection level with the same designation is available, the affected configurations are not executed until the customer makes a new selection.

No particular selection level, processing route, model or level of performance is warranted; paragraph 9 applies to all levels and processing routes.

Section 5 Conclusion of Contract, Registration and Activation

(1) Access to the Platform takes place following sign-up via the waiting list and subsequent activation by Discontinue. There is no entitlement to activation.

(2) The Usage Agreement is concluded when the customer activates the paid use in the ordering process (selection of a plan), actively accepts these GTC, the Order Form (Usage Agreement) and the DPA electronically (e.g. by confirmation/checkbox), deposits its company, billing and payment details with the payment service provider (Section 10(5)) and Discontinue performs or confirms the activation. A handwritten signature is not required; electronic acceptance is binding. Upon activation, these GTC, the Usage Agreement and the DPA are deemed accepted.

(3) The customer warrants that the data provided upon registration and in the ordering process – including the company and billing details deposited with the payment service provider – is complete and accurate and keeps it up to date. The customer is a business and acts in the course of its commercial or independent professional activity.

(4) Access credentials must be treated as confidential and protected against third-party access. The customer is responsible for all actions carried out via its user accounts, insofar as it or its users are responsible for them; this does not apply to operations that result from a security breach for which Discontinue is responsible.

(5) A prerequisite for use is (a) the effective acceptance of the DPA (Section 9) and (b) the connection of the integrations used, established by the customer itself – in particular an active account with the connected system with sufficient permissions for OAuth authorisation.

Section 6 Availability, Maintenance and Support

(1) The Platform is provided "as is" and "as available". Discontinue renders the provision with commercially reasonable care but – subject to paragraph 5 – owes no specific availability, response time or freedom from errors. Any guaranteed availability (SLA) beyond this is owed exclusively to the extent expressly agreed in writing in an Enterprise agreement.

(2) Availability may be restricted by maintenance work, necessary security measures, disruptions outside our sphere of influence (in particular the internet, the connected systems, AI or infrastructure providers) and by force majeure (Section 15).

(3) Where possible, we carry out scheduled maintenance work during low-usage periods. We may carry out necessary immediate measures (e.g. security patches) at any time.

(4) Support. Support is provided in accordance with paragraph 5. There is no entitlement to specific response or resolution times; guaranteed support with defined response or resolution times exists exclusively under an Enterprise agreement.

(5) Availability and support in regular operation. Discontinue renders the platform service with the care of a prudent business operator and endeavours to achieve high availability. For the standard plans, no particular percentage availability and no particular response or resolution time is committed to; binding availability and support SLAs apply only where they are expressly agreed individually in an Enterprise contract. Plannable maintenance is carried out in low-usage periods where possible; necessary security and immediate measures may be taken at any time. Support is provided in German and English by email at times reachable on working days. If the Platform is substantially unavailable for a prolonged period within a calendar month, the customer may reduce the fee for the affected month on a pro rata basis; that reduction is the exclusive remedy for unavailability, and Section 12(3) does not preclude it. Statutory and contractual warranty rights for reproducible material defects remain unaffected.

Measurement. Unavailability means solely that the Platform as a whole is unreachable, i.e. that neither the web interface nor the associated service endpoints respond to requests. The impairment or failure of individual features while the Platform is otherwise reachable does not constitute unavailability within the meaning of this paragraph. Announced maintenance windows and immediate measures under paragraph 3, disruptions of the connected third-party systems, and events under paragraph 2 and Section 15 do not count as unavailability. While the failure of individual features does not constitute unavailability within the meaning of this paragraph, it may constitute a defect; the customer's rights under Section 12 remain unaffected in that respect.

Section 7 Integrations and Third-Party Providers

(1) Connection by the customer. All integrations used by the customer are connected and authorised by the customer itself – in particular the connected source system and the delivery/notification channels chosen by the customer (e.g. chat/messaging services). The connection is established via OAuth or the customer's own access credentials. Discontinue accesses these systems exclusively within the scope of the authorisation granted by the customer and the use configured by it.

(2) Customer's own responsibility. The customer is itself responsible for the existence, permissions and maintenance of its contracts with these third-party providers (in particular a valid contract with the provider of the connected system). It may revoke granted permissions at any time with the respective provider or within the Platform; this may limit the functionality of the Platform.

(3) Responsibility of third-party providers. The respective providers are responsible for the availability, functionality and terms of the third-party services. Changes, restrictions or the discontinuation of third-party services may impair the Platform; we are not liable for this unless we are responsible for it.

(4) Discontinue's own service providers. A distinction must be made between these and the service providers used by Discontinue for its own provision of services (e.g. hosting, email delivery, AI model). We are entitled to change them at any time; this expressly also includes the change of the AI models, AI providers and the agentic framework used (Section 4(8)), including a switch to locally hosted models or other API providers. Any data-protection notice/objection rights are governed solely by the DPA; no further extraordinary right of termination arises from such a change unless Section 16(2) applies.

Section 8 Customer Obligations and Cooperation, Permitted Use

(1) The customer uses the Platform exclusively within the scope of applicable law, these GTC and the Usage Agreement.

(2) The customer provides the cooperation required for use, in particular the independent connection (authorisation) of the source system and all integrations used, an active account with the connected system, the configuration of the reports/agents, the designation of approver roles and – where necessary – hotel-specific information.

(3) As the controller under data protection law (Section 9), the customer is responsible for ensuring that it has a valid legal basis for the processing it configures and that it fulfils its data protection obligations towards guests and staff.

(4) Not permitted is in particular:

• use in a manner that violates the rights of third parties or statutory prohibitions;
• attempting to circumvent security measures, to reverse-engineer or decompile the Platform, or to access data of other tenants without authorisation; mandatory statutory powers, in particular those for achieving interoperability under Section 40e of the Austrian Copyright Act and for security research, remain unaffected;
• use for sending unsolicited mass communication (spam) or in violation of the fair-use limits under Section 10(6);
• the entry of unlawful content or malware;
• abusive use or use that endangers the stability of the Platform (e.g. automated generation of excessive builder requests, chat conversations or runs outside the intended use);
• the creation of content or automations that assess, profile or discriminate against persons in an unlawful manner.

(5) High-risk and prohibited applications. The customer will not use the Platform for purposes that qualify as high-risk applications under Annex III of Regulation (EU) 2024/1689, in particular not for personnel selection, for the allocation of tasks on the basis of personal traits, or for the evaluation or monitoring of employees, nor for practices under Art. 5 of that Regulation. The customer is further responsible for ensuring that the input data it provides is relevant and sufficiently representative in view of the intended purpose. This obligation is agreed contractually; the statutory deployer obligations under Art. 26 of Regulation (EU) 2024/1689 apply only to high-risk AI systems and do not apply to the platform in its intended use.

(5a) Communication with guests and other third parties. The customer may direct reports and agent deliveries to recipients of its choosing, including guests and other third parties. In that respect the Platform is a tool; the selection of recipients and the content and purpose of the communication rest solely with the customer. The customer is responsible for ensuring that

• a valid legal basis for the contact exists and that, for electronic marketing and bulk messaging, the requirements of Section 174 TKG 2021 (consent or the existing-customer exception including an opt-out) are complied with;
• it fulfils the information obligations under Art. 13 or Art. 14 GDPR vis-à-vis the recipients and gives effect to the right to object to direct marketing under Art. 21(2) and (3) GDPR;
• for commercial communication, the labelling requirements of Section 6 ECG (Austrian E-Commerce Act) are complied with;
• the labelling of AI-generated content applied by the Platform (Section 4(6)) is preserved in the delivered message and is not removed, obscured or circumvented;
• where communication is directed at natural persons, it assesses whether the output constitutes a decision with legal or similarly significant effect within the meaning of Art. 22 GDPR (Section 4(7));
• the communication complies with the requirements applicable to its own service, including any accessibility requirements under the Austrian Accessibility Act (Barrierefreiheitsgesetz) to the extent its service is subject to them.

Discontinue bears no responsibility for the selection of recipients or for the content. Paragraph 4 (unsolicited bulk communication) remains unaffected.

(6) The customer shall indemnify Discontinue against third-party claims arising from unlawful use of the Platform for which the customer is responsible or from content posted by it, including reasonable costs of legal defence.

(7) Where there is reasonable suspicion of a material breach, we are entitled to block the affected content or to temporarily restrict access (Section 14(5)).

Section 9 Data Protection and Processing on Behalf

(1) Insofar as Discontinue processes personal data on behalf of the customer within the scope of the Platform (in particular data from the connected systems and guest data), the customer is the controller (Art. 4(7) GDPR) and Discontinue is the processor (Art. 4(8) GDPR). The Data Processing Agreement (DPA), which forms a binding annex to the contract, applies.

(2) Conclusion of the DPA is a prerequisite for using the Platform. Without an effective DPA, Discontinue may not process any of the customer's personal data.

(3) Insofar as Discontinue processes data as its own controller (e.g. account and billing data, website and product usage analytics), the Privacy Policy in force from time to time applies.

(4) The details on sub-processors, technical and organisational measures and third-country transfers result from the DPA and its annexes (sub-processor list, TOMs); Transfer Impact Assessments for third-country transfers are provided on request.

Section 10 Prices, Billing and Payment Terms

(1) Use is subject to a fee. The prices under paragraph 2, the consumption-based rates under paragraph 4 and the prices set out in the Usage Agreement (order form) apply. For enterprise/custom use, the terms of the individual offer apply.

(2) Pricing model. The fee consists of two components: a monthly plan that sets the capacity, and prepaid AI balance for the actual AI work.

Plan (tier). The plan is billed at a fixed monthly price and sets the following capacities. These apply pooled at billing-account level, i.e. across all workspaces of the billing account:

Draft agents do not occupy a slot; a report occupies a slot as soon as a version has been saved. Beyond the capacities of the Business plan, use takes place on the basis of an Enterprise/custom agreement on request. All of the customer's properties are included at no separate charge; no property fees are incurred. If the capacities of the plan are exhausted, further agents or reports can be created only after an upgrade or once a slot becomes free; there is no chargeable consumption beyond the plan capacities.

Balance-consuming services. Only chat conversations and agent runs draw on the balance. The work of the builders in creating and editing reports and agents, as well as scheduled report runs and their delivery, are not balance-consuming and are included in the plan. The use of the builder to create and edit reports and agents is deliberately included in the subscription. The customer creates the configuration itself using the tool (Section 3(3)); no set-up or configuration service by Discontinue is associated with this. Balance-consuming services are billed by actual consumption per operation, shown to the customer live in euros and deducted from the prepaid balance (paragraph 3).

(3) AI balance (prepaid). With the first subscription, the customer receives a starting balance of €5. Top-ups of €20, €50 or €100 as well as freely chosen amounts are possible (minimum top-up €20). The balance never expires. The customer may activate an automatic top-up that is triggered via the stored payment method when a threshold set by the customer is undercut; if the collection fails repeatedly, the automatic top-up is deactivated and the holder of the billing account is informed by email.

Balance at zero. Once the balance is used up, chat and agent runs pause until the next top-up; scheduled reports continue to run, as they do not draw on the balance. An operation already in progress is not aborted mid-execution. No data is lost.

No active subscription. If a subscription ends without the customer terminating the contract (e.g. where a payment fails, or after a cancelled billing period has expired while the customer wishes to continue), execution pauses; viewing, configuration and billing remain available, nothing is deleted, and a renewed subscription lifts the pause. This state must be distinguished from termination of the contract: upon the end of the contract under Section 14, all schedules are deactivated and the periods for retrieval and deletion under Section 14a and the DPA are triggered. Discontinue points out both options to the customer when the paused state occurs.

Legal nature of the balance. The balance is a prepayment for future Discontinue services; it is not electronic money, bears no interest, is not transferable to third parties and is not payable in cash during the contract term. Upon termination of the contract, unused balance is refunded on request (less any amounts due); amounts already consumed through services rendered are not refunded.

(4) Consumption-based prices for balance-consuming services. Chat conversations and agent runs are billed according to the measured token consumption of the respective operation. The rates apply per selection level (Section 4(10)) and per 1 million tokens, separately for the token classes input, output, cache read and cache write; they are net (paragraph 5). Discontinue publishes the rates in the price overview at discontinue.dev/pricing and shows them in the platform; the rate shown in the price overview at the time of consumption is authoritative. The rates are formed from the token and infrastructure costs of the model used in each case plus a margin charged by Discontinue; a change of the AI models/providers/framework (Section 4(8)) may lower or raise them. The cost linkage describes how Discontinue calculates its rates; it gives rise to no claim on the part of the customer to have cost changes passed on, to a price reduction, to any particular margin or to any particular price level, and to no obligation to disclose purchase terms. Changes to the rates of a selection level already offered are published in the price overview with an effective date; increases are published at least 14 days before they take effect, reductions may take effect immediately. A new selection level is added without lead time upon publication of its rate. The respective amount incurred is shown transparently in euros before and after consumption and, where a model selection under Section 4(10) is offered, additionally before the selection is made, per selection level; the amounts displayed are Discontinue's fees, not the purchase cost of the respective model. Consumption is reported per function, per agent and per workspace. The extraordinary right of termination in the event of a material increase under Section 16(2) remains unaffected.

(5) All prices are net plus the applicable statutory VAT. For cross-border B2B services, the reverse-charge procedure may apply; for this purpose, the customer provides its valid VAT ID. Billing and payment processing are carried out via the payment service provider Stripe (plan fee monthly, balance upon top-up). Balance top-ups are prepayments; VAT is invoiced in accordance with statutory rules at the time of top-up, and usage is settled against the balance on an ongoing basis.

(6) Fixed ceilings (fair use). In addition to the plan capacities, technical ceilings apply per workspace to ensure stable operation and prevent abuse: 30 members, 50 channels, 10 recipients per email channel, 200 schedules, as well as 5,000 report deliveries and 5,000 agent deliveries per month. Spend limits may be set in addition (default: €100 per workspace, €10 per agent). The spend limits relate to the current calendar month and are reset at the beginning of it. Once a limit has been reached, further balance-consuming operations of the workspace or agent concerned are no longer started until the turn of the month or until the customer raises the limit; an operation already running is completed and may slightly exceed the limit. The limits can be changed by the customer at any time; they limit consumption, not the plan capacities. Any change to these values to the customer's detriment is made only in accordance with Section 16.

(7) In the event of default in payment (in particular a failed collection of the plan fee), we are entitled to claim default interest at the statutory rate (Section 456 UGB) and reasonable reminder and collection costs and to block access after prior notice (Section 14(5)).

(8) Objections to invoices must be raised in text form within eight weeks of receipt; the customer's statutory claims remain unaffected. A set-off is only permitted against undisputed or legally established counterclaims.

(9) Price changes for the plan prices will be notified at least 30 days in advance in text form (objection/continued use as set out in Section 16); changes to the consumption-based rates are governed by paragraph 4 (publication in the price overview with an effective date, at least 14 days' lead time for increases). Any change of the plan capacities (paragraph 2) or of the fixed ceilings (paragraph 6) to the customer's detriment is made only in accordance with Section 16.

(10) Sponsored accounts. For pilot, partner and internal accounts, Discontinue may waive the fee in whole or in part; use is nevertheless recorded transparently.

Section 11 Rights of Use, Customer Content and Intellectual Property

(1) Discontinue's platform/IP. All rights in the Platform, the underlying software, the templates, models, prompts, standard configurations of the Platform, the documentation and the brand remain with Discontinue or its licensors. For the term of the contract, the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the Platform as intended.

(2) Customer content/data. Discontinue does not acquire any rights beyond performance of the contract in the data provided by the customer or processed via the connected systems, or in the reports/agents created by it (insofar as these are its content). Discontinue processes this data exclusively in accordance with the DPA. Customer content includes in particular the blueprints created by the customer (the configurations of its reports and agents), the specifications and process logic it formulates; Discontinue acquires no rights in these; the customer may export the prompts it has formulated under Section 14a and use them outside the Platform.

(3) No own use of customer data. Discontinue does not use hotel and guest data for its own purposes, not for benchmarking between hotels and not for training AI models.

(4) Feedback. If the customer provides suggestions, proposals or feedback on the Platform, Discontinue is entitled to use these free of charge and without time limit to improve the Service, without any claims arising for the customer.

(5) Reference. The customer will only be named as a reference (name/logo) with its prior consent.

Section 12 Warranty

(1) Discontinue warrants that the Platform substantially conforms to the agreed service. The quality owed follows exclusively from Section 3 (subject matter and description of services), Section 10(2) (plan capacities) and the Usage Agreement (order form); for enterprise/custom use, additionally from the individual offer. Public statements or advertising do not establish any quality beyond this.

(2) For the provision of Software-as-a-Service, the following applies: we remedy reported, reproducible and material defects within a reasonable period (best effort). Insignificant impairments of usability do not give rise to warranty claims.

(3) No warranty is assumed for impairments resulting from circumstances for which the customer is responsible, from third-party services selected by the customer (in particular the systems connected by the customer and the delivery channels chosen by it), from force majeure or from use not in accordance with the intended purpose, nor – as set out in Section 4 and Section 6 – for the availability of the Platform (the right of price reduction under Section 6(5) remains unaffected) and the accuracy or suitability of AI-generated outputs.

(4) For services labelled as beta or provided free of charge (e.g. beta features, test access), no warranty is assumed to the extent permitted by law.

Section 13 Liability

(1) Discontinue is liable without limitation for damage resulting from injury to life, body or health, for intent and gross negligence, and under mandatory statutory provisions (in particular the Product Liability Act and liability under Art. 82 GDPR).

(2) For slight negligence, Discontinue is – to the extent permitted by law – not liable; excepted from this is the breach of principal contractual obligations as well as of those ancillary obligations whose breach jeopardises the achievement of the purpose of the contract.

(3) In the event of a breach of obligations under the second half-sentence of paragraph 2, Discontinue's liability for slight negligence is limited in amount to the typical, foreseeable damage, per claim and in total per contract year at most to the net fees paid by the customer in the preceding twelve months, but no less than €5,000.

(4) Liability for indirect damage, lost profit, lost savings, loss of data (beyond the typical recovery effort with proper data backup) and other consequential damage is excluded in the case of slight negligence.

(5) The customer is responsible for its own appropriate data backup in line with the state of the art. Discontinue does not permanently mirror the database of the connected system; the leading data is held by the connected system or the customer. Discontinue's statutory obligations to provide and safeguard exportable data under Section 14a remain unaffected by the customer's data backup obligation.

(6) The above limitations of liability apply accordingly in favour of Discontinue's legal representatives, employees and vicarious agents and survive termination of the contract.

(7) Clarification of specific risks. To the extent permitted by law – and subject to paragraphs 1 to 3 and 8 – Discontinue is in particular not liable for: (a) decisions or measures that the customer bases on AI-generated outputs; (b) errors, delays, blocks or failures of the systems connected by the customer as well as of other third-party services selected by the customer; this exclusion does not apply to sub-processors and vicarious agents selected by Discontinue; (c) the unavailability or limited availability of the Platform outside an expressly agreed Enterprise SLA (the price reduction under Section 6(5) remains unaffected); (d) effects of a change of the AI models, AI providers or the agentic framework used (Section 4(8)), as long as the owed functionality is substantially preserved.

(8) The limitations of liability in paragraphs 2 to 4 do not apply to breaches of the confidentiality obligations under Section 15a nor to culpable breaches of material data protection or data security obligations; in this respect Discontinue is liable in accordance with statutory provisions, limited in amount to €50,000 per contract year. Paragraph 1 remains unaffected; the limitation under the first sentence does not apply to intent and gross negligence, to claims and recourse claims under Art. 82 GDPR, or to other mandatory statutory liability.

Section 14 Term, Termination, Suspension

(1) The Usage Agreement begins with activation and runs for an indefinite period unless otherwise agreed in the Usage Agreement.

(2) Unless otherwise agreed, the contract is a monthly subscription and may be terminated by either party at any time effective at the end of the current billing month (no notice period; termination takes effect at the end of the current billing month, with regular billing until then). Different minimum terms (e.g. for enterprise/annual contracts) result from the Usage Agreement.

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists for Discontinue in particular in the event of significant default in payment despite a reminder, a serious or repeated breach of Section 8, or the loss of a third-party service prerequisite essential to the provision of services.

(4) The customer may declare termination directly in the Platform via the "Cancel subscription" or "End contract" function; alternatively, text form (e.g. email) suffices. Discontinue declares terminations in text form.

(5) Suspension: we are entitled to temporarily suspend access in whole or in part if good cause exists (in particular significant default in payment, acute security risk, unlawful use). We will – where possible and reasonable – announce the suspension in advance and lift it once the cause has ceased to exist. The obligation to pay for the period provided in accordance with the contract remains unaffected.

(6) Consequences of termination: the right of use ends upon termination of the contract. Data is returned or deleted in accordance with the DPA (DPA Section 10); statutory retention obligations (e.g. invoice data 7 years pursuant to Section 132 BAO) remain unaffected. We provide an export/download option for a reasonable period, but at least within the retrieval period under Section 14a(4). Unused balance is refunded in accordance with Section 10(3).

Section 14a Switching and Data Export (Regulation (EU) 2023/2854 – "Data Act")

(1) The customer may at any time switch to another data processing service, port exportable data to its own ICT infrastructure, or request the erasure of its exportable data. Switching and data export are free of charge; no contractual, commercial or technical obstacles to switching exist beyond those permitted by law.

(2) Upon the customer's switching request (in text form), Discontinue initiates the switch without undue delay and at the latest after a notice period of no more than two months. The transitional period is 30 calendar days; the customer may extend it once by a period specified by the customer that the customer considers more suitable for its purposes. If completion within the transitional period is technically unfeasible, Discontinue will give notice within 14 working days, indicating an alternative period; the alternative transitional period must not exceed seven months. During the transitional period, the Service continues with unchanged quality; Discontinue provides reasonable assistance and maintains a high level of security. Discontinue supports the customer and the third parties engaged by it (in particular the destination provider) to a reasonable extent in drawing up its exit strategy and informs the customer of known risks to the continuity of the service.

(3) Exportable data (exhaustive list of the exportable data and digital assets): (a) the prompts of the customer's reports and agents formulated by the customer (description and instructions) — as text via the menu of the respective report or agent — as well as the further settings made by the customer in the builder (in particular schedule, delivery channels and recipients, connected sources, released tools) — viewable in the Platform and transferable as text; (b) stored report artefacts (report results and deliveries) within their retention period — via the menu of the respective report in the formats offered in the Platform (e.g. PDF, Excel, CSV, text); (c) account/workspace master data — viewable in the settings and transferable as text; (d) the history of approval decisions (approval history) including the time, the approving person and the outcome, as well as the run and delivery metadata (time, the report or agent triggered, recipient channel, status) — viewable per run in the Platform and transferable as text; (d2) the customer content contained in the run records — the AI run traces and, for scheduled report runs, the deterministic run records — of all functions (builder, scheduled report runs, agent runs, chat, validations), namely the inputs originating from the customer or from its connected systems, the outputs generated from them, and the customer- and run-related call values of the tools used (e.g. period, object or property identifier, recipient) — viewable per run in the Platform and transferable as text, separately from the components under point (e). The data under points (a) to (d2) is accessible to the customer in the Platform at any time and without restriction. In addition, the customer may itself retrieve the data under points (a) to (d2) via the application programming interface (API) of the Platform in a structured, commonly used and machine-readable format; the customer sets up access in the settings on a self-service basis (Art. 30(2) of Regulation (EU) 2023/2854). Upon the customer's request in text form, Discontinue additionally provides the data under points (a), (c), (d) and (d2) in a structured, commonly used and machine-readable format — free of charge, without undue delay and at the latest within the transitional period under paragraph 2 or the retrieval period under paragraph 4 (Art. 30(5) of Regulation (EU) 2023/2854). (e) Not exportable (exception pursuant to Art. 25(2)(f) of Regulation (EU) 2023/2854): the provider-side components of the run traces, namely Discontinue's system prompts, the tool definitions and schemas, and the internal orchestration and routing logic, as well as the execution plan (blueprint) generated by the Platform from the prompt and settings. These components concern the internal functioning of the Platform and trade secrets of Discontinue; their disclosure would allow inferences about the execution architecture. Switching is not thereby impeded: the content required to continue the customer's operations — prompts and settings, result artefacts, approval and run history, and the leading data set held in the connected source system — is available under points (a) to (d2). The rights of data subjects under Art. 15 et seq. GDPR remain unaffected. The prompts and settings are specific to the Platform; no operability outside the Platform and no functional equivalence at the destination provider is owed. The leading data set of hotel and guest data remains in the source system connected by the customer; Discontinue does not permanently mirror it, so no porting by Discontinue is required in that respect.

(4) After termination of the contract – in the case of a switching process at the latest from the end of the transitional period – the exportable data remains retrievable for at least 30 calendar days; after expiry of this retrieval period, all exportable data and digital assets as well as the remaining personal data and customer data are deleted; deletion takes place after expiry of the retrieval period; if that period has not been extended, no later than 60 days after the end of the contract in the production systems (DPA Section 10); backup copies are overwritten upon expiry of the backup cycle, and complete erasure including the backup copies is completed at the latest twelve months after the deletion in the production systems — the expressly agreed period within the meaning of Art. 25(2)(h) of Regulation (EU) 2023/2854 (statutory retention obligations remain unaffected). Discontinue confirms to the customer the completion of the switch or export in text form.

(5) The data export under paragraph 3 is possible at any time and irrespective of the existence of the contract and does not terminate the contract. If the customer expressly declares a switch to another provider or porting to its own ICT infrastructure, the contract ends upon the successful completion of the switching process; if the customer declares the erasure of its exportable data, the contract ends upon expiry of the notice period under paragraph 2 (Art. 25(2)(c) of Regulation (EU) 2023/2854). Discontinue confirms the termination to the customer without undue delay in text form. In all other respects, Section 14(6) (consequences of termination) applies. Unused balance is refunded in accordance with Section 10(3). Information on procedures, methods, formats, known limitations and the relevant standards and interoperability specifications is set out in the publicly accessible online register at discontinue.dev/docs/export. That register is provided on the basis of a statutory information duty; in all other respects Section 3(4) applies. This register is at the same time the information page pursuant to Art. 28(2) of Regulation (EU) 2023/2854; it sets out the jurisdictions of the ICT infrastructure used as well as the technical, organisational and contractual measures against access by public authorities of third countries to non-personal data. Processing takes place in the EU (hosting: Oracle Cloud Infrastructure, Frankfurt); details – including the ongoing third-country transfers of hotel data within the processing on behalf – result from the DPA and its annexes, in particular the Sub-Processor List (Annex 1). If the customer terminates the contract by way of switching before the expiry of an agreed minimum term, the fee for the remaining minimum term remains payable; no fees are charged for the switch itself or for the data export.

Section 15 Force Majeure

Neither party is liable for non-performance or delay in performing obligations (except payment obligations) to the extent that these are based on events outside its reasonable control (force majeure), in particular natural disasters, war, terrorism, pandemics, official measures, large-scale power or internet outages and cyberattacks that could not be averted despite appropriate protective measures. The failure of a sub-processor or other vicarious agent selected by Discontinue constitutes force majeure only where it is itself based on an event under the first sentence; Section 13(7)(b) remains unaffected. The affected party will inform the other party without undue delay. If the event lasts longer than 30 days, either party may extraordinarily terminate the affected part of the service.

Section 15a Confidentiality

(1) "Confidential information" means all information not publicly known that a party receives about the other party in connection with the contract, in particular business and trade secrets, operational and usage data, prices and terms, and technical and organisational information.

(2) The parties treat the confidential information of the other party as confidential, use it exclusively for the performance of the contract and make it accessible only to those employees and vicarious agents who are themselves subject to a confidentiality obligation.

(3) Excluded is information that (a) is or becomes publicly known without breach of this obligation, (b) was lawfully obtained from third parties, (c) was demonstrably developed independently, or (d) must be disclosed on the basis of a statutory or official obligation; in the case of point (d), the disclosing party informs the other party in advance to the extent legally permissible.

(4) These obligations continue during the term of the contract and for three years after the end of the contract. Data protection obligations under the DPA remain unaffected. For information that constitutes a trade secret within the meaning of Section 26b UWG, the confidentiality obligation continues without any time limit for as long as the requirements of that provision are met.

Section 16 Amendments to these GTC and Order of Precedence

(1) We may amend these GTC with effect for the future to the extent that this is necessary for a valid reason (e.g. changed legal situation, supreme court case law, changes to features, security or compliance requirements) and the customer is not unreasonably disadvantaged thereby.

(2) We will notify the customer of amendments at least 30 days before they take effect in text form. If the customer does not object within 30 days of receipt and continues to use the Service, the amended GTC are deemed accepted. We will separately point out the right of objection and its consequences in the notice. If the customer objects, either party may terminate the contract as of the date the amendment takes effect. This does not apply to amendments that Discontinue is required to make due to mandatory legal requirements (in particular a changed legal situation, official or court decisions), nor to adjustments of the AI models, AI providers or the agentic framework used (Section 4(8)) or other purely technical or strictly necessary adjustments that do not shift the contractual balance to the customer's detriment: such changes give the customer no right of objection or special termination; the ordinary right of termination under Section 14(2) remains unaffected. If an adjustment of the AI models or AI providers used leads to a material reduction in performance, the customer has an extraordinary right of termination. The same applies to a material increase in the consumption-based fees; where a model selection under Section 4(10) is offered, this right exists only if the fee for the selection level chosen by the customer increases materially and no selection level is available at an unchanged or lower fee that is functionally equivalent for the purpose of use configured by the customer; in the event of a dispute as to functional equivalence, the right of termination is retained — because otherwise the customer determines the price level through its own selection, the fee for which is displayed before the selection is made. Discontinue will notify the customer of such an adjustment in text form as soon as it has been determined, and at the latest when it takes effect; the extraordinary right of termination may be exercised within one month of receipt of that notice and takes effect upon receipt of the termination. Any unused credit is refunded in that case in accordance with Section 10(3). The customer's extraordinary termination right under section 8(2) of the DPA remains unaffected.

(3) Order of precedence in the event of conflicts between the contractual documents: (1) the individual Usage/Activation Agreement (order form), or for enterprise/custom use the individual offer, (2) the DPA including its annexes for data protection matters, (3) these GTC.

Section 17 Final Provisions

(1) Choice of law: Austrian law applies (Discontinue's registered office in Vienna), excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. Mandatory provisions of Union law – in particular the GDPR and the AI Regulation (EU) 2024/1689 – remain unaffected.

(2) Place of jurisdiction: for all disputes arising from or in connection with the contract, the court with subject-matter jurisdiction at Discontinue's registered office in Vienna is agreed as the exclusive place of jurisdiction, to the extent permitted by law.

(3) Assignment: the customer may only transfer rights and obligations under the contract with our prior written consent. Discontinue is entitled to transfer the contract to a legal successor in the course of a restructuring or sale of the business; the customer will be informed of this and may extraordinarily terminate in that case.

(4) Text form/written form: where these GTC provide for text form, email suffices. Amendments to the Usage Agreement that, according to it, expressly require written form require written form; this also applies to the waiver of the written form requirement.

(5) Severability clause: should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. An invalid provision shall be replaced by the statutory rule.

(6) Dispute resolution: Discontinue is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (B2B).

(7) Language versions. These GTC and the other contract documents are provided in German and English. Only the German version is legally binding; the English version is a non-binding courtesy translation.

discontinue.dev MAS GmbH · Bruno-Marek-Allee 5, 1020 Vienna · [email protected] · As of: 12 September 2026