Terms and Conditions (T&C)

1. Scope of Application

1.1. These Terms and Conditions ("T&C") govern the use of the SaaS platform mateqAI ("Platform"), provided by Digital Business Schweiz GmbH, ℅ Mats Hess, Tellstrasse 20, 8400 Winterthur, Switzerland ("Provider").

1.2. The offer is aimed exclusively at business customers (B2B), i.e., legal entities or natural persons acting in the exercise of their commercial or independent professional activity. Conclusion of contracts with consumers (private individuals) is excluded.

1.3. By registering for or using the Platform, the Customer agrees to these T&C.

2. Description of Services

2.1. mateqAI is a cloud-based Software-as-a-Service (SaaS) platform for the automation of:

• Setup and management of Google Analytics 4 (GA4) and Google Tag Manager (GTM).
• Creation, management, and optimization of ad campaigns on platforms such as Google Ads, Meta (Facebook & Instagram), and LinkedIn.

2.2. The Provider makes the Platform available online; local installation is not required.

2.3. Technical Service Obligation: The Provider owes the technical provision of the software functions, but not a specific economic success of the advertising campaigns or a specific legal conformity of the generated tracking setups.

3. Contract Conclusion and Trial Period

3.1. The contract is concluded as soon as the Customer registers on the Platform and accepts these T&C.

3.2. Free Trial Period: Customers may use the Platform free of charge for a 7-day Freemium trial period ("Trial").

3.3. Early Upgrade: The Customer has the option to terminate the trial phase early at any time in order to gain immediate access to the full range of functions (e.g., unlocking all tokens/features). Upon confirmation of this upgrade in the dashboard, the paid subscription period begins immediately.

3.4. Automatic Conversion: Unless the Customer cancels during the trial phase or upgrades early (see 3.3), the contractual relationship automatically converts into the paid subscription selected during registration after the 7 days have expired.

3.5. If the subscription is cancelled during the trial phase, access to paid functions ends upon expiration of the trial period.

4. Rights of Use, Agency License, and User Quotas

4.1. Scope of License: The Provider grants the Customer a simple, non-transferable right to use the Platform, limited to the term of the contract.

4.2. Agency Use: If the Customer acts as an agency or service provider, they are entitled to use the Platform to manage projects for their end clients. The Customer may invite end clients or employees into their account, provided the booked subscription plan allows for this.

4.3. User Quotas (Seats): The scope of access rights depends on the selected subscription (e.g., maximum number of users/seats).

• Each user access is personal ("Named User") and may not be used by several persons simultaneously or alternately (prohibition of "Shared Accounts").
• If a user leaves the organization, the license may be transferred to a new person.

4.4. Responsibility for Third Parties: The Customer (the agency) remains the sole contractual partner of the Provider. The Customer is fully liable for the actions and omissions of the users invited by them (employees or end clients) as if they were their own.

5. Prices and Payment Terms

5.1. All prices are in Swiss Francs (CHF) exclusive of statutory VAT, unless otherwise stated.

5.2. For customers abroad (e.g., EU), the Reverse Charge mechanism applies; the tax liability shifts to the recipient of the service.

5.3. Payments are processed via the service provider Stripe (Credit Card, TWINT, etc.).

5.4. Subscription fees are due monthly in advance. On-demand services (e.g., setup fees) are due immediately upon order placement.

5.5. In the event of late payment, the Provider is entitled to suspend access to the Platform immediately.

6. Term and Termination

6.1. Subscriptions are concluded for an indefinite period and renew automatically by one month at a time.

6.2. The Customer may cancel the subscription at any time effective at the end of the current billing period.

6.3. Cancellations can be made directly in the User Dashboard or by email to legal@mateq.ai.

7. Warranty and Liability

7.1. The Provider strives for high availability but does not guarantee uninterrupted operation.

7.2. The Provider is liable without limitation only for intent and gross negligence. Liability for slight negligence is – to the extent permitted by law – excluded. Liability for indirect damages, consequential damages, loss of profit, or data loss is excluded.

7.3. Platform Dependency: The Provider assumes no liability for malfunctions or damages resulting from changes to interfaces (APIs) or policies of third-party providers (Google, Meta, LinkedIn, etc.).

7.4. The Customer is solely responsible for the legality of the content of their advertising campaigns.

8. Special Liability Exclusion for Tracking Compliance

8.1. The tracking setups generated by the software (GTM/GA4) are technical templates. The Provider assumes no warranty that these setups comply with data protection regulations (nFADP/nDSG, GDPR/DSGVO) without further adjustments.

8.2. Customer Obligations: It is the sole responsibility of the Customer to ensure that:

• a legally compliant Cookie Banner (Consent Management Platform) is implemented;
• the privacy policy on the target website is adapted;
• the necessary consents of end users are obtained before data is sent to third parties (Google/Meta).

8.3. The Customer indemnifies the Provider against all claims by third parties (including authorities and warned parties) resulting from a use of the generated setups that violates data protection laws.

9. Data Protection

9.1. The processing of personal data is governed by the Privacy Policy, available at https://www.mateq.ai/privacy.

9.2. To the extent the Provider processes personal data on behalf of the Customer (e.g., access to GTM containers), the Data Processing Agreement (DPA/ABV), concluded separately or integrated into the Platform, applies.

10. Amendments to the T&C

The Provider reserves the right to amend these T&C at any time. Significant changes will be communicated to the Customer via email or via the Platform. If the Customer does not object in writing within 14 days, the amendments are deemed accepted.

11. Final Provisions

11.1. Should any provision of these T&C be invalid, the validity of the remaining provisions shall remain unaffected.

11.2. Swiss law applies exclusively, excluding conflict of law rules and the UN Sales Convention (CISG).

11.3. The exclusive place of jurisdiction is Winterthur, Switzerland.

Contact

Digital Business Schweiz GmbH

c/o Mats Hess

Tellstrasse 20

8400 Winterthur, Switzerland

E-Mail: legal@mateq.ai

Web: https://www.mateq.ai