§ 1. Scope and contracting parties
(1) These Terms govern all contracts between
Sai Prashanth Diddi, sole proprietor (trading as: Autovion Technologies, operating Loyal Hub), Kurt-Tucholsky-Straße 73, 16540 Hohen Neuendorf, Germany ("Contractor")
and its contractual partner ("Client") for the provision of access to and use of the Loyal Hub platform and related services.
(2) The Contractor's services are directed exclusively at entrepreneurs, legal entities under public law and special funds under public law within the meaning of § 14 of the German Civil Code (BGB). By concluding a contract, the Client confirms that it is acting in the exercise of its commercial or self-employed professional activity. Contracts with consumers within the meaning of § 13 BGB are not concluded.
(3) Only these Terms apply. Any deviating, conflicting or supplementary general terms and conditions of the Client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their validity in writing.
(4) These Terms, in the version valid at the time of conclusion of the contract, shall also apply as a framework agreement to all future contracts with the same Client without the Contractor having to refer to them again in each individual case.
§ 2. Subject matter of the services
(1) The Contractor provides Loyal Hub, a hosted software-as-a-service platform that enables the Client (a restaurant or comparable hospitality venue) to:
- Create QR-coded campaigns (referral, direct-offer, friend-share) and link them to a public landing page hosted under
loyalhub.de/<slug>; - Capture diner leads through configurable forms with a built-in consent mechanism;
- Send transactional and campaign emails to diners (welcome, share, redemption, reward, direct-offer) on the Client's behalf;
- Manage, archive and export the resulting lead data through an admin dashboard;
- Customise the email templates and the visual appearance of the public page.
(2) The platform is currently offered as an early-access / beta service. Functionality, pricing and availability may evolve as the platform matures.
(3) The contract is a service contract within the meaning of §§ 611 et seq. BGB. The Contractor owes the professional operation of the platform but no specific economic outcome (such as a particular number of leads, redemptions or revenue).
(4) The Contractor is entitled to engage qualified third parties (in particular the sub-processors listed in the Privacy Policy) for the provision of services. The Contractor's responsibility towards the Client remains unaffected.
§ 3. Conclusion of contract
(1) Content on the marketing site (in particular service descriptions and any indicative pricing) does not constitute a binding offer but an invitation to submit an offer (invitatio ad offerendum).
(2) The Client submits its offer by completing the signup form at /signup, ticking the checkbox confirming acceptance of these Terms and the Privacy Policy, and submitting the form.
(3) The contract is concluded when the Contractor creates the account and the Client receives the welcome email. The Contractor reserves the right to refuse signups (e.g. for incomplete information, suspected misuse, or non-compliance with these Terms).
(4) The Client's acceptance of these Terms is logged together with a timestamp and the version of the consent wording in force at the time (see terms_accepted_at and terms_text_version) so the Contractor can demonstrate which version was accepted.
§ 4. Client's duties to cooperate and acceptable use
(1) The Client undertakes to:
- Provide accurate signup information (in particular legal name of the venue and a valid owner email) and keep it up to date;
- Keep account credentials confidential, and use the password-reset flow rather than sharing passwords;
- Use Loyal Hub only for lawful marketing of the Client's own venue and offers — no spam, no third-party advertising, no misleading or unlawful offer content;
- Capture and process diner data only on the legal basis presented by the consent checkbox on the public page; in particular, not bulk-import diner email addresses obtained outside Loyal Hub;
- Comply with applicable consumer-protection, advertising and data-protection laws (in particular the GDPR, BDSG and TDDDG) when running campaigns;
- Promptly review the lead data accruing in the admin dashboard and respond to any data-subject requests it receives directly from diners;
- Designate a competent contact person authorised to receive notices regarding the account.
(2) The Client is responsible for the content it uploads (logos, page text, campaign copy, custom field labels, email-template overrides). The Contractor does not pre-screen this content.
(3) Delays or additional efforts resulting from a breach of the duties to cooperate shall be borne by the Client.
§ 5. Remuneration and payment terms
(1) The Loyal Hub platform is currently in an early-access / beta phase. During this phase, the platform may be operated free of charge or under bespoke arrangements; no automated billing is in place.
(2) Indicative pricing is published on the marketing site (currently: €100 per month or €90 per month when billed annually as €1,080 per year, plus statutory VAT where applicable). These prices become binding only once the Contractor activates a paid subscription for the Client and the Client confirms the new commercial terms in text form.
(3) Once paid subscriptions are active, the following applies, unless otherwise agreed in writing:
- All prices are in Euro plus statutory value-added tax, where applicable. If, at the time of invoicing, the Contractor is registered as a small business within the meaning of § 19 UStG, no VAT will be shown on the invoice and a corresponding notice will be included.
- Invoices are issued in text form (§ 126b BGB) and are payable within 14 days of the invoice date without deduction.
- The Client shall be in default no later than 14 days after receipt of the invoice without further reminder. In the event of late payment, the Client shall pay default interest of nine percentage points above the base rate (§ 288 (2) BGB) as well as a flat fee of EUR 40 (§ 288 (5) BGB). The right to claim further damages caused by default remains reserved.
- The Client may set off only claims that have been finally adjudicated, are undisputed or have been recognised by the Contractor. The Client may exercise a right of retention only on the basis of undisputed or finally adjudicated counterclaims arising from the same contractual relationship.
(4) The Contractor will give the Client at least 30 days' notice in text form before transitioning the Client's account from free early access to a paid subscription. The Client may terminate the contract within that notice period to avoid the start of paid billing.
§ 6. Intellectual property and rights to data
(1) Loyal Hub platform. All rights to the Loyal Hub platform, including its software, source code, designs, page templates, email templates, branding and underlying methods, remain with the Contractor. The Client receives, for the duration of the contract, a non-exclusive, non-transferable right of use limited to operating its own venue's campaigns within the scope of these Terms.
(2) Client content. The Client retains all rights in the content it uploads or configures (logos, restaurant name, page text, campaign names, reward text, custom field labels, email-template overrides). The Client grants the Contractor, for the duration of the contract, the non-exclusive rights of use required to host, process and display this content as part of the service.
(3) Lead data. Diner data captured through the Client's campaigns belongs to the Client. The Contractor processes this data on the Client's behalf as a processor under Art. 28 GDPR (see Privacy Policy, Section 6). The Client can export its lead data at any time from the admin dashboard (XLSX export on the Leads page) and request deletion when no longer needed.
(4) Reference list. The Contractor is entitled to list the Client by business name and logo in a reference list (in particular on the Contractor's website and in offer materials), unless the Client objects in text form.
§ 7. Confidentiality
(1) The parties undertake to treat all confidential information of the other party obtained in the course of contract initiation and performance — in particular trade and business secrets within the meaning of the German Trade Secrets Act (GeschGehG) — as confidential without limitation in time and not to use it for purposes other than the performance of the contract.
(2) The obligation does not apply to information that (a) is or becomes publicly known without breach of duty, (b) was already known to the receiving party prior to disclosure, (c) was lawfully obtained from third parties without obligation of confidentiality, or (d) must be disclosed on the basis of statute, court order or order of a public authority.
(3) A separate non-disclosure agreement (NDA) between the parties takes precedence over the foregoing provisions.
§ 8. Data protection
(1) The parties undertake to comply with the applicable data protection regulations, in particular the GDPR and the German Federal Data Protection Act (BDSG).
(2) Insofar as the Contractor processes personal data on behalf of the Client in the course of providing services — in particular diner data captured through the Client's campaigns — the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR.
(3) For the processing of personal data of website users, please refer to the Privacy Policy.
§ 9. Service availability and warranty
(1) The Contractor operates the platform with the diligence of a prudent businessperson in accordance with the recognised state of the art.
(2) During the early-access / beta phase, the Contractor provides the platform on a best-effort basis. No formal service-level agreement (uptime guarantee, response-time guarantee) applies. Planned maintenance windows will be announced in advance where reasonably possible.
(3) The Client acknowledges that early-access software may contain bugs, may be subject to functional changes without prior notice, and may produce results that differ from the documentation. The Contractor is not liable for non- conformities inherent to the early-access nature of the service, except as set out in § 10 (Liability).
(4) Where, by way of exception, a contract for work and services has been agreed, the statutory warranty rights apply with the proviso that the limitation period for claims based on defects is one year from the start of the statutory limitation period. This does not apply to damages arising from injury to life, body or health, to damages caused intentionally or by gross negligence on the part of the Contractor, or to claims under the Product Liability Act.
§ 10. Liability
(1) The Contractor is liable without limitation
- for intent and gross negligence,
- for injury to life, body or health,
- under the provisions of the German Product Liability Act,
- within the scope of any guarantee assumed by the Contractor.
(2) In the case of simple negligence, the Contractor — except in the cases of paragraph 1 — is only liable for the breach of essential contractual obligations ("cardinal duties"; i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely). In such cases, liability is limited in amount to the damage typical for the contract and foreseeable.
(3) Liability for indirect damages, consequential damages, lost profits, missed savings, loss of data and third-party claims is excluded in cases of simple negligence to the extent permitted by law.
(4) Where the Contractor's liability is excluded or limited under the foregoing paragraphs, this also applies to the personal liability of the Contractor's vicarious agents and subcontractors.
(5) Any claims for damages by the Client — except in the cases of paragraph 1 — become time-barred within one year from the start of the statutory limitation period.
§ 11. Force majeure
Events of force majeure that significantly impede or render impossible the performance of the Contractor's services entitle the Contractor to postpone the provision of services for the duration of the impediment plus a reasonable start-up period. Force majeure includes in particular strikes, lock-outs, official orders, pandemics, energy or telecommunications outages and other unforeseeable events for which the Contractor is not responsible.
§ 12. Term and termination
(1) The contract begins when the Client's account is created (see § 3 (3)) and is concluded for an indefinite term, subject to paragraph (2).
(2) During the early-access / beta phase, either party may terminate the contract for convenience at any time, with effect from the end of the current calendar month, in text form (§ 126b BGB). Once a paid subscription has been activated under § 5, the agreed minimum term and notice period for that subscription apply.
(3) The right to extraordinary termination for cause (§ 314 BGB) remains unaffected.
(4) Termination notices by the Client may be sent to sai.prashanth.diddi@autoviontech.com. A self-service account-deletion option in the admin dashboard is on the roadmap and will be added in a future release.
(5) Before termination becomes effective, the Client should export its lead data using the XLSX export on the admin dashboard's Leads page. After termination, the Contractor will delete the Client's account and lead data within 30 days, except where statutory retention obligations require longer (in particular § 257 HGB / § 147 AO).
(6) The provisions on confidentiality (§ 7), intellectual property (§ 6), data protection (§ 8) and limitation of liability (§ 10) shall continue to apply after the end of the contract.
§ 13. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of German private international law.
(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms and the contractual relationship is — to the extent permitted by law — the Contractor's registered place of business (16540 Hohen Neuendorf, Brandenburg, Germany). Subject-matter jurisdiction lies, depending on the amount in dispute, with the Local Court (Amtsgericht) of Oranienburg or the Regional Court (Landgericht) of Neuruppin. The Contractor is also entitled to sue the Client at its general place of jurisdiction.
(3) The place of performance for all services is the Contractor's registered office.
(4) Amendments and additions to the contract and to these Terms must be made in text form (§ 126b BGB). This also applies to any amendment of this text form clause itself.
(5) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the relevant statutory provision.
(6) The Contractor does not participate in dispute resolution proceedings before a consumer arbitration board pursuant to the German Consumer Dispute Resolution Act (VSBG); services are directed exclusively at entrepreneurs (§ 14 BGB).
Contact
For questions regarding these Terms:
Email: sai.prashanth.diddi@autoviontech.com
Status: April 2026
