§ 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 and market position of commercial businesses. The currently publicly offered Free Fastlane includes the collection of business-related inputs, AI-assisted analysis, and presentation of a standard result. Evidence-bound recommendations may be displayed where the applicable validation and safety conditions are met. A recommendation is not the automatic execution of an action.
(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. Changes are not treated retroactively as having already been publicly offered or promised.
(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.
(6) A paid result is product-prepared but is not currently part of the live Free Fastlane offer as an activated paid offering.
§ 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 is generated using Artificial Intelligence (AI). The currently evidenced AI processing includes AWS Bedrock with EU georouting and an active Google Vertex AI processing path in europe-west4. Details on data processing, recipients, transfer mechanisms, and retention are governed by the current Privacy Policy and the evidenced technical configuration.
(2) AI-generated conclusions, syntheses, and recommendations are probabilistic. They are based on statistical models and may contain inaccuracies, errors, omissions, or outdated information.
(3) A result may contain different classes of statements that must not be treated as equivalent: provider- or source-bound evidence, Matbakh-/AI-derived interpretation, and canonical or governed Matbakh facts. Provider/source evidence consists of data and signals actually supplied by or observed at a source. Derived interpretation consists of syntheses, comparisons, market statements, or hypotheses produced from such signals together with business, category, location, or other governed context. A statement is treated as a governed Matbakh fact only where its concrete evidentiary basis is sufficient for that specific factual meaning.
(4) A model-generated statement about markets, competition, search behavior, benchmarks, or positioning does not become a fact measured or confirmed by Google or another data provider merely because the model call was grounded with real provider signals. A technical reliability status such as Vertex dataReliability="real" means, under the current technical processing, that real Google/Google Business Profile signals grounded the call; it is not a blanket provenance or confirmation statement for every output field generated from that call.
(5) An external provider is attributed as the source only for data or signals actually originating from that provider. Interpretations derived from them by Matbakh or an AI model are not presented as measurements, conclusions, recommendations, or endorsements of the underlying provider unless the specific statement is itself supported by corresponding source-bound evidence.
(6) Evidence, inference, and action are separate layers. A displayed recommendation is a recommendation and not an automatic execution or modification of the business.
(7) The User should independently review derived assessments and recommendations before making decisions based on them.
(8) The Provider does not warrant that probabilistic inference, synthesis, or recommendation content fully corresponds to actual circumstances or future developments. Despite careful implementation, AI models may be incomplete, erroneous, or statistically biased.
§ 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 rely on lawfully usable public, official, or licensed business data and evidence sources. These may include actually obtained Google Business Profile signals, Foursquare OS Places data within its authorized scope, and other evidence authorized by the applicable product and provider governance.
(2) Provider- or source-bound evidence includes only data or signals actually supplied, obtained, or observed from the respective source. Further processing, combination, or AI-assisted interpretation of that evidence by Matbakh does not automatically create additional provider facts.
(3) A market, benchmark, positioning, search, or comparison statement generated by Matbakh or by a model used by Matbakh is not presented as measured, confirmed, recommended, or endorsed by Google, Foursquare, or another underlying provider unless that specific statement is itself supported by an appropriate provider or source basis. Naming a provider does not establish a partnership, recommendation, or endorsement of the resulting Matbakh analysis.
(4) The Provider does not have complete control over the availability, accuracy, completeness, or timeliness of external evidence sources.
(5) Errors, omissions, timeliness limitations, or changes in external sources may affect the analysis. A lack of evidence is not treated as a negative fact about the business and is not converted into an unsupported market claim.
(6) Changes to data sources, licenses, interfaces, or provider availability may restrict the functionality of the Service or lead to an evidence state being identified as unavailable or degraded.
(7) External provider taxonomies or provider IDs do not establish a canonical Matbakh Category identity and are not treated as standalone proof of offer, experience, market, or opportunity truth.
(8) User, session, result, evidence, log, and other data may be technically stored where necessary for service delivery, evidence, security, or legal or contractual purposes. Specific storage, retention, and deletion rules are governed by the Privacy Policy and the evidenced runtime. A targeted 30-day period is not a representation that fully automated deletion has already been technically implemented.
(9) The Provider assumes no availability or error-free-operation obligation for external hosting, cloud, model, or infrastructure providers beyond what is required by mandatory law.
§ 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 for maintenance, updates, bug fixes, or other technical reasons.
(3) The legal consequences of interruptions, restrictions, or discontinuation are governed by applicable mandatory law and the effective contractual terms.
(4) The currently publicly offered Free Fastlane is free of charge. Any service, refund, chargeback, or cancellation consequences for a future paid result become part of the contract only upon separate payment and product activation.
§ 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) Details on the processing of personal data, purposes, legal bases, recipients, storage and deletion rules, and data-subject rights are described in the Privacy Policy. These Terms do not replace the Privacy Policy.
(2) Technical processing is not limited to a single Frankfurt region or exclusively to AWS Bedrock. AWS Bedrock with EU georouting is evidenced for AI analysis; an additional Vertex AI path in europe-west4 is active. The data-protection classification of provider roles, transfer mechanisms, and provider-side retention is governed by the current Privacy Policy and the evidenced technical and contractual basis.
(3) The current AI data path may process business-related context including business, Category, competitor, market, and signal context where this is provided for and permitted in the relevant analysis run. Email and session identifiers are not included in model inputs under the currently evidenced analysis pipeline.
(4) Storage and deletion statements must reflect the actually evidenced store and runtime reality. A 30-day non-reconstructability target is a target value and not proof that fully automated deletion has already been implemented.
§ 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.