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Data Processing Agreement - Annex AI

 

 
1. Subject Matter of the Annex

1.1 This Annex governs, in particular, the transparency and user notices related to the AI components and functions of Hivebuy. The AI functions are not intended for decisions that, under applicable law, require qualified human review or that may have significant legal, economic, personal, or health consequences for natural persons.

1.2 The AI functions serve exclusively to provide users with easier access to the content provided or facilitated by Hivebuy. This includes, in particular:

  • the retrieval and consolidation of relevant information from corporate documents using natural language queries,
  • the automated summarization of documents for preliminary orientation,
  • and navigational support within extensive document and knowledge repositories.

1.3 The AI functions are a tool for information retrieval, not for decision-making. They neither replace expert review by qualified personnel nor do they constitute binding information, recommendations, or instructions for action.



2. Technical Functional Description (Scope of Services)

The customer’s employees (hereinafter: “users”) can use Hivebuy to enter purchase requests, create purchase requisitions, and have them approved via configurable approval workflows, place orders with suppliers, and review and process incoming invoices—all via a cloud-based SaaS platform (EU hosting) that is accessible via a web browser as well as through Microsoft Teams and Slack and can be connected bidirectionally to ERP systems.



3. Purpose Limitation and Mandatory Usage Restrictions

3.1 The AI functions are intended exclusively for information retrieval, navigation, summarization, and internal knowledge organization based on content provided or requested by the Customer. The AI functions are expressly not intended for:

  • Replacing mandatory document reviews by trained personnel
  • Use as legal advice or a substitute for legal review by qualified individuals

3.2 The Customer is responsible for ensuring, through organizational measures, that users do not rely solely on AI outputs as the basis for decision-making in the aforementioned areas. This includes, at a minimum, training the users.

3.3 The Customer may not integrate or configure Hivebuy’s AI system, either technically or procedurally, in a way that alters its intended purpose or creates new risks. The AI system must not be converted into a high-risk AI system. Hivebuy is under no obligation to provide documentation in the event of such a change or conversion by the Customer. The Customer acknowledges that using the AI system contrary to its specified intended purpose may constitute a substantial modification of the system. Pursuant to Art. 25 of the AI Regulation, the Customer shall in this case be deemed the provider of the AI system and shall assume full responsibility for the resulting legal obligations.

3.4 Hivebuy may modify models, prompting strategies, and indexing procedures, provided that this does not compromise the security level and that material changes are announced.

 

4. Responsibilities & Roles

4.1 The parties agree that Hivebuy provides the AI features as part of Hivebuy. The Customer remains responsible for content governance (customer content, approval processes, timeliness, internal compliance).

4.2 The Customer decides whether and to what extent AI functions are made available to users and is, in this regard, responsible for their organizational integration.

5. Transparency and User Notices

5.1 The Customer shall ensure that users are clearly and unambiguously informed, prior to and during use, that they are interacting with AI and that AI outputs may be erroneous.

5.2 AI outputs are generated automatically and may:

  • be inaccurate, incomplete, outdated, contradictory, or incorrect,

  • “invent” content or fabricate numbers/parameters (hallucinations),

  • reproduce content from Customer Content in a new form (including personal data).

5.3 Hivebuy does not guarantee the accuracy of AI outputs. Hivebuy is solely obligated to provide the AI functionality in accordance with the service description. The Customer shall ensure that users verify AI outputs against the original sources before use.



6. Data Processing

6.1 Customer content may contain personal data. Hivebuy processes such data only in accordance with the General Terms and Conditions and this Addendum.

6.2 Hivebuy does not process personal data for AI training purposes.

6.3 Hivebuy may maintain logs (e.g., time, user ID, document ID, query, chunks used, model version, response ID) to ensure operation/security and to investigate incidents.



7. Liability

7.1 Hivebuy assumes no responsibility for the suitability of AI outputs for individual business decisions. Such suitability is not covered by the purpose of the AI system and is not owed.

7.2 If the Customer or User uses the AI functions contrary to the intended purpose of this Annex, the Customer is acting in breach of contract. In such cases, Hivebuy shall be liable within the scope of its area of responsibility for resulting damages only to the extent that Hivebuy caused the damage through intentional or grossly negligent conduct, the damage involves injury to life, limb, or health, or mandatory statutory liability applies.

7.3 In the event of use in accordance with the contract, Hivebuy’s liability is otherwise limited to the provisions of the main contract (framework agreement). A claim for defective AI outputs exists only if Hivebuy has culpably failed to exercise the due care required by the state of the art in the provision/operation of the AI functions and the damage, in the case of contractual use, is adequately causally attributable to this; otherwise, the limitations of liability in the main contract apply.

Effective as of: April 14, 2026