§ 1 Scope and Subject Matter
(1) These General Terms and Conditions (hereinafter "Terms") apply to the use of the software-as-a-service platform (hereinafter "Service") provided at matbakh.app by: Rabieb Al Khatib, Ridlerstraße 29F, 80339 Munich, Germany, email: mail(at)matbakh(dot)app (hereinafter "Provider").
(2) The Service is an automated analysis tool for evaluating the digital visibility of commercial businesses. The Service comprises the collection of business data, automated analysis using AI-powered methods, and the presentation of analysis results.
(3) The Service is intended exclusively for entrepreneurs within the meaning of § 14 BGB (German Civil Code). Consumers within the meaning of § 13 BGB are excluded from use.
(4) The Service is in an early operational phase (Beta). Features, availability, and performance characteristics may change at any time without prior notice.
(5) Deviating, conflicting, or supplementary terms and conditions of the User shall not become part of the contract unless the Provider expressly agrees to their applicability in writing.
§ 2 No Advisory Services — No Advisory Relationship
(1) The Service does not constitute business consulting, legal advice, tax advice, marketing consulting, or any other form of professional advisory service.
(2) The analysis results are to be understood exclusively as automatically generated information. They do not replace expert advice from qualified professionals.
(3) The use of the Service does not establish an advisory relationship, client relationship, or any other fiduciary relationship between the Provider and the User.
(4) The Provider assumes no responsibility for business decisions made by the User on the basis of the analysis results.
§ 3 AI-Powered Analysis — Notice of Automated Processing
(1) The analysis results are generated using Artificial Intelligence (AI). AI processing is performed via the AWS Bedrock service (Amazon Web Services) in the EU region (Frankfurt, eu-central-1).
(2) AI-generated results are probabilistic. They are based on statistical models and may contain inaccuracies, errors, omissions, or outdated information.
(3) The analysis results do not constitute statements of fact. Scores, ratings, recommendations, and comparisons are automatically generated assessments without any claim to accuracy, completeness, or timeliness.
(4) The User is obligated to independently verify the analysis results before making any decisions based on them.
(5) The Provider does not warrant that the AI-generated results correspond to the actual circumstances of the analyzed business.
(6) The analysis results may be based on probabilistic AI models. Despite careful implementation, these models may be incomplete, erroneous, or statistically biased. Liability for model-related misjudgments is excluded to the extent permitted by mandatory law.
§ 4 No Warranty of Accuracy
(1) The Provider does not warrant the accuracy, completeness, timeliness, reliability, or fitness of the provided analysis results for any particular purpose.
(2) In particular, no warranty is given for: the accuracy of visibility scores and ratings, the correctness of competitive comparisons and benchmarks, the feasibility or effectiveness of recommendations, the completeness of collected platform data, or the timeliness of underlying data sources.
(3) Past analysis results do not allow conclusions to be drawn about future results.
§ 5 User Responsibility
(1) The User bears sole responsibility for all decisions made on the basis of the analysis results.
(2) The User is responsible for the accuracy and completeness of the business data entered. Incomplete or incorrect entries may lead to inaccurate analysis results.
(3) The User is obligated to independently verify the analysis results before any commercial use.
(4) The User shall indemnify the Provider against all third-party claims arising from the User's use of the analysis results.
(5) The User undertakes not to make business investments, marketing measures, or structural business decisions solely on the basis of the analysis results.
§ 6 Third-Party Data
(1) The analysis may be based on publicly available data from third-party platforms (in particular Google Business Profile, Facebook, Instagram, and comparable services).
(2) The Provider has no influence on the availability, accuracy, completeness, or timeliness of such third-party data.
(3) The Provider assumes no liability for errors, omissions, or changes in the data of third-party platforms.
(4) Changes to the interfaces or data availability of third-party platforms may restrict the functionality of the Service without prior notice.
(5) The Provider is not liable for algorithmic changes, ranking mechanisms, or rating logic of third-party platforms.
(6) The Provider is not obligated to permanently store, archive, or back up data submitted or generated by the User. The User is responsible for independently backing up their data.
(7) The Provider assumes no liability for outages of hosting, cloud, or infrastructure service providers.
§ 7 No Availability Guarantee
(1) The Provider endeavors to provide the Service with as few interruptions as possible. No specific level of availability is guaranteed.
(2) The Service may be temporarily or permanently restricted or discontinued at any time without prior notice for maintenance, updates, bug fixes, or other technical reasons.
(3) Interruptions in availability do not give rise to any claims by the User for damages, reduction, or withdrawal.
(4) The Provider is entitled to discontinue the Service in whole or in part at any time. In such cases, fees already paid for services not yet rendered shall be refunded on a pro-rata basis.
§ 8 Disclaimer of Warranties
(1) The Service is provided on an as-is and as-available basis.
(2) To the extent permitted by law, the Provider makes no express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, freedom from defects, uninterrupted availability, or non-infringement of third-party rights.
(3) The Provider does not warrant that the Service is free from errors, viruses, or other harmful components.
(4) For free services and beta features, all warranties are excluded to the extent permitted by law.
§ 9 Limitation of Liability
(1) The Provider shall be liable without limitation for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty by the Provider or its legal representatives or vicarious agents.
(2) The Provider shall be liable without limitation for damages caused by intent or gross negligence on the part of the Provider or its legal representatives or vicarious agents.
(3) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the Provider's liability shall be limited to the foreseeable damage typical for the type of contract.
(4) Liability under paragraph 3 is limited in amount to EUR 500.00. This limitation of liability applies in particular to the beta phase pursuant to § 12.
(5) The Provider shall not be liable for: lost profits, lost business opportunities, business interruptions, data loss, reputational damage, indirect damages, and consequential damages of any kind, to the extent that liability is not mandatory under paragraphs 1 or 2.
(6) The above limitations of liability shall also apply in favor of the Provider's legal representatives, vicarious agents, and employees.
(7) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
(8) To the extent that the Provider's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives, and vicarious agents.
(9) Liability based on reliance on the accuracy, completeness, or economic viability of the analysis results is excluded to the extent permitted by mandatory law.
(10) The Provider's total liability — regardless of the number of claims — is limited to EUR 500.00 per calendar year.
(11) The limitations of liability in this § 9 shall not apply to damages arising from injury to life, body, or health, or in cases of intentional or grossly negligent conduct.
§ 10 Force Majeure
(1) The Provider shall not be liable for the non-performance or delayed performance of its obligations to the extent that such non-performance or delay is attributable to circumstances beyond its reasonable control (force majeure).
(2) Force majeure includes, but is not limited to: natural disasters, epidemics, pandemics, war, terrorism, civil unrest, strikes, lockouts, governmental orders, power outages, failure of telecommunications networks, cyberattacks, failure of cloud infrastructure providers, and changes to third-party interfaces.
(3) If a force majeure event continues for more than 30 consecutive days, either party shall be entitled to terminate the contract with immediate effect in writing.
§ 11 Data Protection
(1) The Provider processes personal data of the User exclusively in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) Details on data processing can be found in the Privacy Policy at matbakh.app/datenschutz.
(3) All data processing takes place on servers within the European Union (AWS Region eu-central-1, Frankfurt am Main).
(4) AI processing is performed via AWS Bedrock in the EU region. Business data of the User is transmitted to the AI service for analysis. Email addresses are not transmitted to the AI service.
§ 12 Beta Notice
(1) The Service is in an early operational phase (Beta). The User acknowledges that the Service has not yet reached the maturity level of a fully market-ready product.
(2) Features may be added, changed, or removed. The Provider is not obligated to maintain or further develop any particular features.
(3) The limitations of liability under § 9 apply in full to beta features. In addition, all warranties for beta features are excluded to the extent permitted by law.
§ 13 No Success or Performance Guarantee
(1) The Provider does not owe any particular business success, improvement of digital visibility, specific ranking, lead generation, or revenue increase.
(2) The analyses, scores, and recommendations provided do not constitute a guarantee of specific results.
(3) In particular, the Provider does not warrant: an improvement in Google rankings, an increase in reviews, an increase in customer traffic, a revenue increase, or an improvement in market position.
§ 14 No Special Trust / No Fiduciary Position
(1) The Provider does not assume any fiduciary, advisory, or custodial role.
(2) No special expertise or market knowledge is warranted.
(3) The use of the platform does not establish any special relationship of trust.
(4) The Provider is not a business consultant, legal advisor, tax advisor, or marketing consultant. The platform does not replace professional advice.
§ 15 Applicable Law and Jurisdiction
(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Munich.
§ 16 Severability Clause
(1) Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
(2) In place of the invalid or unenforceable provision, the valid and enforceable provision that most closely approximates the economic purpose of the invalid or unenforceable provision shall apply.
(3) The foregoing provisions shall apply accordingly in the event that these Terms prove to be incomplete.
§ 17 Amendments to the Terms
(1) The Provider reserves the right to amend these Terms at any time with effect for the future.
(2) The Provider shall inform the User of amendments to the Terms in an appropriate manner.
(3) Continued use of the Service after amended Terms take effect shall be deemed acceptance of the amended Terms.
§ 18 No Guarantee / No Quality Agreement
(1) All representations of the platform, in particular descriptions of features, scores, analysis methods, benchmarking methods, or forecasting models, do not constitute a guarantee, assurance, or quality agreement in the legal sense.
(2) A quality agreement requires in all cases an express written individual agreement.
(3) Public statements, presentations, marketing materials, or website content do not constitute guarantee commitments.