These Terms of Service ("Terms") are the English-language equivalent of the German "Allgemeine Geschäftsbedingungen (AGB)". The German version is the legally binding text where required by mandatory law; this English version is provided for convenience and faithful equivalence.
1. Scope, Provider and Incorporation of these Terms
1.1 These Terms govern the use of the Scalable platform and all related services (the "Service") provided by Machete Marketing Germany GmbH ("Scalable", "we", "us"). The Service is an AI-based platform for the optimization of Amazon and e-commerce product listings, including review analysis, content strategy and AI image generation.
1.2 These Terms apply in the version current at the time the contract is concluded. The version accepted by you is recorded and logged on our servers together with the date and time of acceptance, so that it remains verifiable which version became part of the contract between you and us.
1.3 Incorporation. Before concluding a contract, we make these Terms available to you in their then-current version and give you a reasonable opportunity to read and save them. You accept these Terms by confirming them during sign-up (e.g. by ticking the relevant box). Subscribing to a paid plan likewise constitutes acceptance of these Terms in their then-current version.
1.4 Terms that deviate from, conflict with or supplement these Terms do not become part of the contract unless we have expressly agreed to them in writing. This applies even where we render the Service without reservation in knowledge of conflicting or deviating terms.
1.5 Surprising and ambiguous clauses. Provisions that are so unusual that you need not reasonably expect them do not become part of the contract. Any ambiguity in these Terms is construed against us as the drafter.
2. Consumers and Businesses (§§ 13, 14 BGB)
2.1 The Service is offered to both businesses ("Unternehmer", § 14 BGB) and consumers ("Verbraucher", § 13 BGB). A consumer is a natural person who concludes the contract for purposes predominantly outside their trade, business or profession. A business is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession.
2.2 Consumer protections apply by default. Unless this section's conditions for business status are met, you are treated as a consumer and the consumer-protective provisions of these Terms apply.
2.3 Business carve-outs. Provisions of these Terms that are expressly designated as applying to businesses only (in particular Section 8.2 on broader indemnification, Section 11 on the reference clause as an opt-out, Section 14.1 second sentence on the place of jurisdiction, and any extended limitation provisions) apply only if you have made a verified business declaration during sign-up or purchase (a confirmation that you are ordering in the exercise of your trade, business or profession, together with the relevant business details such as company name and, where applicable, VAT identification number). Absent such a verified declaration, the consumer-protective version of each provision governs.
3. Conclusion of Contract, Order Process and Mandatory Consumer Mechanisms
3.1 Plans and prices. The Service is offered in a free plan and several paid plans. The current plans, their features, and their prices are set out on our pricing page at https://scalable.so/pricing and are presented to you before you place a binding order. All prices are shown including statutory value added tax where applicable. Payments are processed via Stripe.
3.2 Order process (consumers — "zahlungspflichtig bestellen", § 312j BGB). For paid plans, before you place a binding order we present, directly above the order button, the essential characteristics of the Service, the total price including taxes, the contract term and any minimum duration. The order button is labelled "zahlungspflichtig bestellen" (order with obligation to pay) or an equivalently unambiguous wording. The contract is concluded only when you activate this button. If this requirement is not met, no contract comes into existence.
3.3 Consent to immediate performance and right of withdrawal (consumers). Where you wish the Service to begin before the withdrawal period of Section 4 expires, we obtain your separate, non-pre-ticked consent (distinct from acceptance of these Terms) immediately before the order button, in which you (a) expressly request that performance begins before the end of the withdrawal period and (b) acknowledge that your right of withdrawal lapses upon full performance of the contract. This consent is logged and confirmed to you on a durable medium.
3.4 Cancellation button (consumers — "Kündigungsbutton", § 312k BGB). For ongoing paid consumer contracts concluded online, a continuously and easily accessible cancellation function is available. It is labelled "Verträge hier kündigen" (cancel contracts here), leads to a confirmation page with a "jetzt kündigen" (cancel now) confirmation button, and can be used without logging in. We confirm receipt of the cancellation, with date and time, on a durable medium without undue delay.
3.5 Order confirmation. We confirm receipt of your order without undue delay by electronic means.
4. Right of Withdrawal for Consumers (§§ 355–356 BGB)
The following applies to consumers within the meaning of § 13 BGB. Businesses (§ 14 BGB) have no statutory right of withdrawal.
4.1 Withdrawal instruction
Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Machete Marketing Germany GmbH, Kirchstraße 31, 77815 Bühl, Germany, legal@scalable.so) of your decision to withdraw from this contract by way of a clear declaration (e.g. a letter sent by post or an email). You may use the model withdrawal form set out in Section 4.4, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal. If you withdraw from this contract, we will reimburse all payments received from you without undue delay and no later than 14 days from the day on which we received notice of your withdrawal. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged any fees for this reimbursement.
4.2 Premature expiry; value compensation (§§ 356 Abs. 4, 357a BGB)
If you have expressly requested that performance begin during the withdrawal period (Section 3.3), your right of withdrawal lapses upon full performance of the contract. As the Service is a digital service supplied under an ongoing contract, full performance occurs at the earliest at the end of the contract term; until then the right of withdrawal subsists. If you withdraw after performance has begun at your request, you owe value compensation for the Service used up to the time of withdrawal, calculated on a pro-rata, time-proportional basis, provided you were properly instructed about the right of withdrawal and value compensation. Where no express request for early commencement was made, you owe no value compensation and receive a full refund.
4.3 Withdrawal button (from 19 June 2026 — § 356a BGB)
From 19 June 2026, in addition to the channels above, a prominent and continuously available withdrawal function ("Vertrag widerrufen" / withdraw contract) with a confirmation step ("Widerruf bestätigen" / confirm withdrawal) and durable-medium acknowledgement will be provided online. This is an additional means of exercising the existing right of withdrawal and does not alter the rules on its scope or expiry.
4.4 Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Machete Marketing Germany GmbH, Kirchstraße 31, 77815 Bühl, Germany, legal@scalable.so
I/we () hereby give notice that I/we () withdraw from my/our () contract for the supply of the following service (): — Ordered on ()/received on (): — Name of consumer(s): — Address of consumer(s): — Signature of consumer(s) (only if this form is notified on paper): — Date:
(*) Delete as appropriate.
5. Subscriptions, Term, Renewal and Price Changes
5.1 Term and renewal. Subscriptions run for the term selected at order (monthly or annual). Unless cancelled, the subscription renews. For consumers, after any initial fixed term the contract continues for an indefinite period and may be terminated at any time with a notice period of no more than one month; the initial fixed term does not exceed 24 months. Cancellation by consumers is possible in particular via the cancellation button (Section 3.4).
5.2 Business term and renewal. For businesses, longer initial terms and renewal periods may be agreed individually, subject to reasonableness.
5.3 Price changes. For consumers, we will not increase the price within an initial fixed term. Price changes take effect at the earliest for a renewal period and are based on objective, transparent criteria; we are not entitled to raise prices at our sole discretion. We notify you of any price change with reasonable advance notice. If the price increases, you may terminate the contract with effect from the time the change would take effect; we inform you of this termination right together with the notice. For businesses, the same principles of objective criteria, advance notice and termination right apply.
5.4 Free plan. The Free plan is provided without charge and may be modified or discontinued with reasonable notice. It carries no payment obligation and no fixed term.
6. Acceptable Use Policy
6.1 You must not use the Service to create, upload, distribute or otherwise process content that is unlawful. This includes in particular:
- Child sexual abuse material (cf. § 184b StGB);
- Unconstitutional symbols and propaganda (cf. §§ 86, 86a StGB);
- Incitement to hatred / hate speech (cf. § 130 StGB);
- content infringing third-party intellectual property rights, including third-party copyright (UrhG), trademarks (§ 14 MarkenG) and registered designs (DesignG);
- the generation of third-party trademarks, brands, logos or the likeness of identifiable persons without the necessary rights or consent (cf. § 22 KunstUrhG on the right to one's own image);
- deceptive content or false endorsements, including misleading representations and unfair imitation (cf. § 5 UWG, § 4 Nr. 3 UWG).
6.2 You must further not:
- resell, sublicense or provide raw access to the underlying AI models or to the Service to third parties as a standalone offering;
- scrape, crawl or harvest data from the Service by automated means except via interfaces we expressly provide;
- circumvent, disable or exceed usage limits, quotas, rate limits or technical protection measures.
6.3 We may employ technical safeguards (such as content filters and abuse reporting) to support these prohibitions. Breach of this Section entitles us to the measures set out in Section 12 (suspension and termination).
7. Your Content, Inputs and Warranties
7.1 You retain your rights in the product data, reference images, text and other materials you upload or input ("User Content").
7.2 Warranties. You warrant that you own, or are sufficiently licensed or otherwise entitled to use, all User Content, and that your inputs, intended use and resulting outputs do not infringe any third-party rights or violate any law or this Acceptable Use Policy.
7.3 You grant us the rights in your User Content necessary to provide the Service to you (in particular to host, process and display it and to generate outputs from it).
8. Indemnification
8.1 Consumers. If you are a consumer, you indemnify us against third-party claims and the reasonable costs of legal defence only to the extent such claims arise from your intentional violation of the Acceptable Use Policy (Section 6) or of your warranties (Section 7). This indemnity does not extend to claims caused by our own systems, safeguards or their failure.
8.2 Businesses (business-only carve-out, Section 2.3). If you are a business, you indemnify us against all third-party claims and the reasonable costs of legal defence arising from your use of the Service, your User Content or the outputs generated for you, to the extent attributable to your conduct or breach of these Terms. We will notify you of any such claim without undue delay, will not acknowledge it without your consent, and will give you the opportunity to participate in the defence; you may assume control of the defence on reasonable terms.
9. Rights in Generated Outputs
This Section states the core position only. The full rules are set out in our separate Content & Image Rights Policy, which forms part of these Terms and prevails in the event of any conflict on output rights.
9.1 Nature of outputs. The Service generates AI content based on your inputs. Whether copyright protection (§ 2 UrhG) subsists in any specific output depends on the degree of human creative contribution; purely AI-generated content frequently enjoys no copyright protection for lack of a personal intellectual creation. No assignment or transfer of copyright takes place, as copyright is non-transferable under German law (§ 29 UrhG).
9.2 Paid plans. To the extent we hold rights in a generated image, we grant you, on paid plans, a non-exclusive, worldwide, perpetual usage right (Nutzungsrecht, § 31 UrhG) for commercial and private use of that image (including reproduction, distribution, making available to the public, and use in advertising, products and packaging). To the extent no copyright subsists, we permit you to use the image for these purposes under contract and assert no own rights in this respect. The grant is and remains non-exclusive.
9.3 Free plan. On the Free plan you receive a non-exclusive, revocable permission to use generated images for personal, non-commercial purposes only. Commercial use is not permitted on the Free plan.
9.4 Remedies for misuse. Our remedies against misuse of outputs (e.g. use beyond the granted scope) rest on this contract, on trademark law and on the law against unfair competition (UWG), in addition to any applicable copyright.
10. AI Disclaimer
10.1 Outputs are machine-generated and may be inaccurate, incomplete or unsuitable for your particular purpose. You are responsible for reviewing and verifying every output for accuracy, legality and fitness before use. Within the limits of Section 13, we give no guarantee of accuracy, completeness or fitness for a particular purpose of any output.
10.2 Transparency (EU AI Act, Art. 50). Where required, AI-generated or AI-manipulated content must be labelled as such. You are responsible for complying with applicable AI transparency and labelling obligations when you publish or distribute outputs.
11. Customer Reference Clause
11.1 Businesses (opt-out, business-only carve-out). If you are a business, you agree that we may use your company name and logo, together with non-confidential information about your use of the Service, as a reference on our reference/customer wall and in marketing materials. All such representations will truthfully reflect the actual scope of the business relationship (§ 5 UWG). You may object to this use at any time, with effect for the future, by notice to legal@scalable.so or via the in-app control. This right ends with the termination of the contract.
11.2 Consumers (opt-in). If you are a consumer, the listing of your name and/or logo as a reference requires your separate, prior, explicit consent (opt-in). Without such consent, no reference use takes place.
11.3 Separate consent for further uses. Named case studies, testimonials, the depiction of identifiable persons (cf. § 22 KunstUrhG) and the reproduction of your products each require separate prior consent (opt-in), regardless of whether you are a business or a consumer.
12. Availability, Maintenance, Suspension and Termination
12.1 Availability. We aim to make the Service available with high availability but do not warrant uninterrupted or error-free operation. We may carry out maintenance, ideally with advance notice for planned work; urgent maintenance may be performed without prior notice.
12.2 Suspension for breach. We may suspend access to the Service, in whole or in part, where there is a reasonable suspicion of a material breach of these Terms (in particular Section 6), to the extent necessary and proportionate, and we will inform you of the reason where lawful.
12.3 Termination. Both parties may terminate the contract in accordance with Section 5 and the statutory provisions. The right to terminate for good cause (including persistent or serious breach) remains unaffected.
12.4 Data export and deletion. Upon termination, you may export your User Content within a reasonable period using the means we provide. After expiry of that period and subject to statutory retention obligations, we will delete or anonymise your User Content. Details on data processing are set out in our Privacy Policy.
13. Limitation of Liability
13.1 Unlimited liability. We are liable without limitation for damages arising from intent and gross negligence, and for damages arising from injury to life, body or health. Liability under the Product Liability Act (Produkthaftungsgesetz) likewise remains unaffected.
13.2 Cardinal duties. In the event of a slightly negligent breach of a cardinal duty (a duty whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely), our liability is limited to the foreseeable damage typical for this type of contract. Liability is not excluded for such duties.
13.3 Exclusion otherwise. Any further liability on our part is excluded.
13.4 Data loss. For the loss of data, our liability in cases of slight negligence is limited to the expenditure that would have been required to restore the data had you maintained proper, regular backups. You are obliged to create your own backup copies regularly, to the extent reasonable. This limitation does not apply to intent or gross negligence.
13.5 Application to businesses. The above limitations and exclusions apply to businesses as well as to consumers. The mandatory protections under Sections 13.1 (intent, gross negligence, life/body/health, Product Liability Act) and 13.2 (cardinal duties) cannot be excluded or further reduced, including in dealings with businesses.
14. Final Provisions
14.1 Governing law and jurisdiction. These Terms and the contract are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law does not deprive you of the mandatory protections of the law of your country of habitual residence (Rome I, Art. 6). For businesses (business-only carve-out), the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Bühl (the registered seat of Scalable), to the extent a place of jurisdiction may be agreed (§ 38 ZPO). Consumers retain the protective jurisdiction rules to which they are mandatorily entitled.
14.2 Changes to these Terms. We may amend these Terms with effect for the future where there is a valid reason (e.g. changes in the law, in case-law, or in the Service). We will notify you of the amended Terms in text form at least 30 days before they take effect, together with notice of your right to object. If you do not object before the effective date, the amended Terms are deemed accepted; we will point this out in the notice. If you object, the contract continues on the previous terms, and each party may terminate the contract in accordance with the statutory and contractual provisions. Changes that materially shift the balance of the contract to your disadvantage require your active consent.
14.3 Consumer dispute resolution. The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14.4 Severability (§ 306 BGB). Should any provision of these Terms be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions is unaffected. The invalid or unenforceable provision is replaced by the applicable statutory provision; there is no reduction of an invalid clause to a still-permissible scope ("no blue-pencil rule").
Machete Marketing Germany GmbH · Kirchstraße 31, 77815 Bühl, Germany · Amtsgericht Mannheim, HRB 733742 · legal@scalable.so
This document is provided for information and convenience. It does not constitute legal advice. The German "AGB" version governs where mandatory law so requires.