Terms of Service

Section 1 - Scope of Application

(1) These Terms of Service (hereinafter "ToS") apply to all contracts between Mambil UG (haftungsbeschränkt), registered in the commercial register of the Hannover District Court (hereinafter "Operator", "we", or "Mambil UG"), and the users of the SaaS platform "Mambil" (hereinafter "Platform"), accessible at https://magicmenu.de and associated subdomains.

(2) These ToS are directed at two user groups: (a) Restaurant Partners, i.e., entrepreneurs within the meaning of § 14 BGB (German Civil Code), who register on the Platform to create digital menus, receive online orders, and manage reservations; and (b) End Customers, i.e., natural persons (consumers within the meaning of § 13 BGB) or entrepreneurs who view menus, place orders, or make reservations via the Platform.

(3) Deviating, conflicting, or supplementary terms and conditions of users shall not become part of the contract unless the Operator expressly agrees to their validity in text form (§ 126b BGB).

(4) Supplementary special conditions may apply to individual services, as indicated in the respective service offering. In the event of a conflict, the special conditions shall take precedence over these ToS.

(5) The version of these ToS valid at the time of contract conclusion shall apply in each case.

Section 2 - Definitions

(1) "Platform" refers to the SaaS solution "Mambil" operated at https://magicmenu.de, including all web applications, mobile applications, APIs, and associated services.

(2) "Restaurant Partner" refers to any entrepreneur within the meaning of § 14 BGB who registers on the Platform to use the services for creating digital menus, receiving online orders, and managing reservations.

(3) "End Customer" refers to any natural or legal person who views a Restaurant Partner's menus, places orders, makes reservations, or processes payments via the Platform.

(4) "Services" refers to all functions provided by the Operator via the Platform, in particular the creation and management of digital menus, QR code generation, online order management, reservation management, kitchen display, AI translations, and payment processing.

(5) "Content" refers to all data, texts, images, menus, prices, descriptions, allergen information, and other materials uploaded by Restaurant Partners to the Platform.

(6) "Stripe Connect" refers to the service provided by the payment service provider Stripe Payments Europe, Ltd. for processing payments between End Customers and Restaurant Partners via the Platform.

Section 3 - Subject Matter of the Contract

(1) The subject of the contract between the Operator and the Restaurant Partner is the provision of the Platform as Software-as-a-Service (SaaS) for use via the internet. The Operator provides the Platform on its servers in the scope of the selected plan and enables the Restaurant Partner to access it via a web browser or mobile devices.

(2) The subject of the contract between the Operator and the End Customer is the free provision of access to the Platform for the purpose of viewing menus, placing orders, and making reservations with Restaurant Partners.

(3) The Operator acts exclusively as a technical platform operator and intermediary. Contracts for food, beverages, other goods, and services (in particular orders and reservations) are concluded exclusively between the respective Restaurant Partner and the End Customer. The Operator does not become a party to these contracts.

(4) The Operator is not responsible for the services of the Restaurant Partner, in particular not for the preparation, quality, hygiene, or delivery of food and beverages, compliance with allergen labeling requirements, or the fulfillment of reservations.

(5) The SaaS contract with the Restaurant Partner is to be classified under tenancy law (§§ 535 ff. BGB by analogy). The Operator owes the provision of the software in a condition suitable for contractual use for the duration of the contractual relationship.

Section 4 - Contract Conclusion and Registration

(1) The presentation of services on the Operator's website does not constitute a legally binding offer but an invitation to submit an offer (invitatio ad offerendum).

(2) For Restaurant Partners: By completing the registration process and confirming the ToS, the Restaurant Partner submits a binding offer to conclude a SaaS usage contract. The contract is concluded when the Operator accepts the offer by sending a confirmation email or activating the account.

(3) For End Customers: Simply viewing menus does not require registration or acceptance of these ToS. Before placing an order or making a reservation, the End Customer is required to expressly confirm these ToS and the Operator's privacy policy.

(4) The Restaurant Partner is obligated to provide truthful and complete information during registration, in particular regarding company name, legal form, address, contact details, VAT identification number, and business registration. Changes must be communicated to the Operator without delay.

(5) The Restaurant Partner warrants that they are authorized to operate a gastronomy business and hold all necessary official permits.

(6) The Operator is entitled to reject a registration if objective reasons exist. Upon request, the Operator will communicate the essential reasons for the rejection to the rejected Restaurant Partner.

Section 5 - Service Description and Plans

(1) The Operator offers the Platform in the following plan tiers: (a) Free (€0/month): 1 restaurant, 1 digital menu, QR code generator, 1 language, basic theme; (b) Pro (€19/month): Unlimited menus, online orders, table reservations, 3 languages, premium themes, kitchen display, email support; (c) Premium (€79/month): Up to 5 locations, unlimited items, 5 languages, custom domain, fluid backgrounds, pre-orders, priority support; (d) Enterprise (custom pricing): Unlimited locations, custom design, API access, SSO and advanced security, dedicated account manager, SLA guarantee, custom integrations.

(2) For annual billing, the Operator grants a discount of approximately 17% compared to monthly billing. The exact prices are set out in the current price list on the website.

(3) The Operator is entitled to further develop and improve the feature scope of the plans. Material restrictions to existing features of a paid plan require an announcement with a notice period of at least 30 days.

(4) For paid plans (Pro, Premium, Enterprise), the Operator targets a Platform availability of 99.5% as a monthly average (service level). The following are not considered downtime: (a) scheduled maintenance windows pursuant to Section 14, (b) downtime due to force majeure, (c) disruptions caused by the Restaurant Partner, the End Customer, or their infrastructure, (d) disruptions to third-party services (in particular Stripe).

(5) In the Enterprise plan, individual service level agreements (SLAs) may be agreed upon separately.

Section 6 - Free Services (Free Plan)

(1) The Free plan is provided to the Restaurant Partner free of charge and without time limitation. The Free plan includes a limited feature scope as described in the current service description.

(2) For the Free plan, there is no entitlement to a specific availability, support response times, or the maintenance of the feature scope. The Operator may restrict, modify, or discontinue the Free plan at any time.

(3) If the Operator discontinues the Free plan, the Restaurant Partner will be informed by email at least 30 days before discontinuation and will be given the opportunity to export their data or switch to a paid plan.

(4) The Operator reserves the right to display advertising or references to paid plans within the Free plan.

(5) For free services, the liability limitation of Section 15 applies with the proviso that the Operator — beyond cases of mandatory liability — shall only be liable for intent and gross negligence.

Section 7 - Prices and Payment Terms

(1) For the use of paid plans, the Restaurant Partner shall pay the prices applicable at the time of contract conclusion as published in the price list on the website. All prices are net prices plus the applicable statutory value-added tax (currently 19%).

(2) Billing occurs in advance for the selected billing period (monthly or annually). For annual billing, the total amount for the contract year is due in advance.

(3) Payment of subscription fees is processed through the payment service provider Stripe. The Restaurant Partner authorizes the Operator to collect fees via the payment method stored with Stripe (credit card, SEPA direct debit, or other supported payment methods).

(4) In addition to subscription fees, the Operator charges platform fees (transaction fees) on orders processed through the Platform. The amount of the platform fees depends on the respective plan and is transparently displayed on the website and during the registration process.

(5) Invoices are provided in electronic form (PDF via email or in the customer portal). The Restaurant Partner consents to electronic invoicing pursuant to § 14(1) UStG (German VAT Act).

(6) In the event of payment default, the Operator is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate (§§ 288(2), 247 BGB). The right to claim further damages caused by default remains unaffected.

(7) In the event of payment default exceeding 14 days, the Operator is entitled to suspend the Restaurant Partner's access to the Platform until the outstanding balance is fully settled. The obligation to pay subscription fees remains unaffected.

Section 8 - Payment Processing via Stripe Connect

(1) Payment processing between End Customers and Restaurant Partners for orders placed through the Platform is handled via Stripe Connect, provided by Stripe Payments Europe, Ltd. (hereinafter "Stripe"). The Operator is not involved in payment processing as a payment service provider and is not itself a payment service provider within the meaning of the German Payment Services Supervision Act (ZAG). The regulated payment services are provided exclusively by Stripe. The Operator does not at any time receive or hold End Customer funds.

(2) The Restaurant Partner is obligated to open a Stripe Connect account during registration and to provide truthful and complete information as required. The terms and conditions and privacy policies of Stripe (Stripe Connected Account Agreement) additionally apply.

(3) The payment flow is as follows: (a) The End Customer makes payment for their order via the payment methods provided by Stripe (e.g., credit card, SEPA direct debit, Apple Pay, Google Pay). (b) The payment amount is credited to the Restaurant Partner's Stripe Connect account. (c) The Operator's platform fees and Stripe's transaction fees are automatically deducted before payout. (d) Payout to the Restaurant Partner occurs according to the payout schedules agreed with Stripe.

(4) The Operator does not have access to the amounts paid by End Customers to Restaurant Partners and is involved in payment processing solely as the platform operator, not as a payment recipient.

(5) The Restaurant Partner is solely responsible for the proper maintenance of their Stripe Connect account, compliance with Stripe's terms of use, the tax treatment of revenues, and the issuance of receipts to End Customers.

(6) The Operator shall not be liable for disruptions, delays, or failures in payment processing by Stripe. In the event of problems with payment processing, the Restaurant Partner should contact Stripe support directly.

Section 9 - Orders and Order Processing

(1) End Customers may place orders with Restaurant Partners via the Platform (dine-in, takeaway, or pre-orders). The Platform serves as a technical transmission tool in this process.

(2) By placing an order through the Platform, the End Customer submits a binding offer to the respective Restaurant Partner to conclude a purchase contract for the selected food and beverages. The purchase contract is only concluded upon acceptance of the order by the Restaurant Partner (order confirmation).

(3) The Operator is not a party to the purchase contract concluded between the End Customer and the Restaurant Partner. Claims arising from the purchase contract — in particular regarding quality, quantity, allergens, ingredients, delivery time, warranty, and liability for defects in food — exist exclusively between the End Customer and the Restaurant Partner.

(4) Cancellations and complaints regarding ordered food and beverages are to be directed by the End Customer directly to the Restaurant Partner. The Operator may assist within its technical capabilities but assumes no obligation to resolve disputes.

(5) The Restaurant Partner is obligated to process incoming orders promptly and to inform the End Customer of the processing status. Failure to process or systematic rejection of orders may constitute a breach of contract with the Operator.

(6) The Platform ensures that the ordering process for End Customers complies with the requirements of § 312j BGB (German Civil Code), in particular that the order button clearly indicates the payment obligation and that the End Customer is shown the essential information pursuant to Art. 246a § 1 EGBGB before placing an order.

Section 10 - Reservations

(1) End Customers may make table reservations with Restaurant Partners via the Platform, provided the Restaurant Partner has activated the reservation feature in their plan.

(2) By making a reservation via the Platform, a reservation contract is concluded exclusively between the End Customer and the respective Restaurant Partner. The Operator is not a party to this contract.

(3) The Restaurant Partner is solely responsible for honoring confirmed reservations, the availability of tables, the management of reservation capacities, and communication with the End Customer regarding changes or cancellations.

(4) The Operator does not guarantee that a reservation made through the Platform will be honored or confirmed by the Restaurant Partner.

(5) The Restaurant Partner may set no-show policies in their reservation settings. The Restaurant Partner is solely responsible for the legality and enforceability of such policies.

Section 11 - Obligations of the Restaurant Partner

(1) The Restaurant Partner is obligated to keep all content posted on the Platform — in particular menus, prices, allergen labels, additive information, product descriptions, and business hours — complete, truthful, and up to date. The Restaurant Partner bears sole responsibility for the accuracy of this information.

(2) The Restaurant Partner is obligated to comply with all applicable legal provisions, in particular: (a) food law regulations (LMIV, LFGB, Food Hygiene Regulation), (b) allergen labeling obligations under Regulation (EU) No. 1169/2011, (c) the Price Indication Regulation (PAngV), (d) tax obligations (in particular cash register requirements, receipt issuance obligations under § 146a AO), (e) consumer protection provisions for distance contracts (§§ 312 ff. BGB), and (f) the Trade Regulation Act (GewO).

(3) The Restaurant Partner is obligated to properly set up and maintain their Stripe Connect account and to complete the verification processes required by Stripe in a timely manner.

(4) The Restaurant Partner must keep their access credentials to the Platform confidential and protect them from access by unauthorized third parties. The Restaurant Partner must inform the Operator immediately if there are indications of unauthorized use of their account.

(5) The Restaurant Partner may not use the Platform for unlawful, misleading, defamatory, or anti-competitive purposes. In particular, it is prohibited to post content that infringes copyright, trademark, or other proprietary rights of third parties.

(6) The Restaurant Partner is obligated to grant End Customers who order through the Platform the same consumer protection rights that would apply in the case of a direct contract conclusion, in particular the right of withdrawal for distance contracts pursuant to §§ 312g, 355 BGB, unless an exception under § 312g(2) BGB applies.

Section 12 - Obligations of the End Customer

(1) The End Customer is obligated to provide truthful and complete information when placing orders and making reservations, in particular regarding name, contact details, and delivery address.

(2) The End Customer is obligated to pay for food and beverages ordered through the Platform. The payment obligation exists toward the Restaurant Partner. Processing is handled via Stripe.

(3) The End Customer must use the Platform for its intended purpose. In particular, the following are prohibited: (a) placing false orders or reservations, (b) manipulating, overloading, or impairing the functionality of the Platform or its technical infrastructure, (c) conducting automated access (bots, scraping) without the prior written consent of the Operator, (d) posting offensive, discriminatory, or unlawful reviews or comments.

(4) When placing orders, the End Customer is solely responsible for communicating allergies, intolerances, or special dietary requirements to the Restaurant Partner. The Operator assumes no responsibility for this.

(5) The End Customer must honor agreed reservations or cancel them in a timely manner in accordance with the cancellation terms of the respective Restaurant Partner.

Section 13 - Rights to Content and Intellectual Property

(1) All rights to the Platform, including source code, software, design, trademarks, logos, and other proprietary rights, belong exclusively to the Operator or its licensors. The Restaurant Partner and the End Customer are granted a simple, non-transferable, non-sublicensable right to use the Platform, limited to the contract term and contractual use.

(2) Content posted by the Restaurant Partner on the Platform (menus, images, texts, logos) remains the property of the Restaurant Partner. The Restaurant Partner grants the Operator a simple, revocable license to use such content, limited in scope and duration to the contract term, insofar as this is necessary for the provision of the Services, display on the Platform, and promotion of the Restaurant Partner within the Platform.

(3) The Restaurant Partner warrants that they hold all necessary rights to the content they post and that such content does not infringe the rights of third parties (in particular copyright, trademark, personality, or competition rights).

(4) The Operator is entitled to remove or block content posted by the Restaurant Partner if there are concrete indications of a legal violation.

(5) Content provided by the Operator, including themes, templates, icons, translations, and other design elements, may only be used within the Platform and for contractual purposes. Reproduction, distribution, or other exploitation outside the Platform is not permitted without the prior written consent of the Operator.

Section 14 - Availability and Maintenance

(1) The Operator provides the Platform for paid plans with a targeted availability of 99.5% as a monthly average. Availability is measured at the data center handover point.

(2) The Operator is entitled to perform scheduled maintenance that may result in temporary availability restrictions. Scheduled maintenance windows are, where possible, placed during low-usage periods (10:00 PM – 6:00 AM CET) and announced with at least 48 hours' notice by email or via the dashboard. Scheduled maintenance periods are not included in the availability calculation.

(3) In urgent cases (in particular security vulnerabilities, attacks on the infrastructure, or to prevent significant damage), the Operator is entitled to perform unscheduled maintenance without prior notice. In such cases, the Operator will inform the Restaurant Partner as soon as possible.

(4) For the Free plan, there is no entitlement to a specific availability or compliance with the service levels specified in paragraph (1).

(5) The Operator creates regular backups of data stored on the Platform. The Restaurant Partner has no entitlement to the restoration of individual data records. The Restaurant Partner is advised to create their own backups of their content.

Section 15 - Liability and Limitation of Liability

(1) The Operator shall be liable without limitation (a) for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty by the Operator or its legal representatives or vicarious agents; (b) for damages caused by intentional or grossly negligent conduct of the Operator or its legal representatives or vicarious agents; (c) in the case of assumption of a guarantee; (d) for claims under the German Product Liability Act.

(2) In cases of slight negligence, the Operator shall only be liable for breach of a material contractual obligation (cardinal obligation), i.e., an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely. In such cases, liability is limited to the foreseeable, contract-typical damage.

(3) The Operator's liability for slight negligence in breach of cardinal obligations is limited in amount to the subscription fees paid by the Restaurant Partner in the twelve (12) months preceding the damage-causing event.

(4) The Operator shall not be liable for: (a) the quality, safety, legality, or availability of food, beverages, and services offered by Restaurant Partners; (b) the accuracy, completeness, and currency of content posted by Restaurant Partners, in particular allergen information, nutritional information, and prices; (c) the fulfillment of contracts between the Restaurant Partner and the End Customer; (d) health damages resulting from the consumption of food ordered through the Platform, unless the Operator had positive knowledge of a health risk and nevertheless failed to take appropriate measures; (e) damages caused by disruptions, failures, or errors of third-party services (in particular Stripe, hosting providers, internet providers), unless the Operator is at fault in its selection of such providers.

(5) Liability for data loss is limited to the recovery effort that would have been incurred with proper and regular data backup by the Restaurant Partner.

(6) The above limitations of liability also apply in favor of the Operator's legal representatives, vicarious agents, and employees.

Section 16 - Warranty

(1) The Operator warrants that the Platform will substantially have the functional scope described in the service description of the respective plan during the contract term. The functional scope at the time of contract conclusion or an agreed update shall be decisive.

(2) The warranty does not cover: (a) errors caused by improper use, use of incompatible devices or browsers, or interventions by the Restaurant Partner or third parties; (b) minor deviations of the Platform from the service description that do not materially impair usability; (c) the unrestricted accessibility of the Platform via the internet, as this depends on third-party infrastructure.

(3) The Restaurant Partner must report defects to the Operator without delay after discovery, providing a detailed description of the defect in text form (email).

(4) In the event of a defect, the Operator is entitled and obligated to provide a remedy. The Operator may, at its discretion, remedy the defect by correcting the defect or by providing a defect-free version of the software. The provision of a workaround shall constitute a sufficient remedy, provided that contractual use is not materially impaired thereby.

(5) If the remedy fails after a reasonable period, the Restaurant Partner shall have the right to a reduction in fees or to extraordinary termination pursuant to § 543(2) BGB by analogy.

Section 17 - Term and Termination

(1) The contract for paid plans is concluded for an indefinite period and may be terminated by either party with 30 days' notice to the end of the respective billing period (month or year).

(2) The contract for the Free plan may be terminated by either party at any time without notice.

(3) The right of both contracting parties to extraordinary termination for good cause remains unaffected (§ 543 BGB by analogy, § 314 BGB). Good cause exists in particular if: (a) the Restaurant Partner is in default with the payment of subscription fees in the amount of at least two monthly installments despite a reminder and grace period; (b) the Restaurant Partner repeatedly or seriously violates these ToS, in particular the obligations under Section 11; (c) the Restaurant Partner uses the Platform for unlawful purposes; (d) insolvency proceedings are applied for or opened against the assets of the Restaurant Partner; (e) the Operator permanently fails to provide its services despite a reminder and reasonable grace period.

(4) Termination must be in text form (§ 126b BGB). Termination may be made by email, through the customer portal, or by post.

(5) Upon termination of the contract, the Operator will make the Restaurant Partner's content and data available for download in a common format (e.g., CSV, JSON). The Restaurant Partner has the opportunity to export their data within 30 days after the end of the contract. After this period, the Operator is entitled to irrevocably delete all of the Restaurant Partner's data, unless statutory retention obligations prevent this.

(6) Subscription fees already paid for the current billing period will not be refunded in the event of ordinary termination. In the event of extraordinary termination by the Restaurant Partner for a reason attributable to the Operator, a pro rata refund will be issued.

Section 18 - Data Protection

(1) The Operator processes personal data of users in compliance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), the German Telecommunications and Telemedia Data Protection Act (TDDDG), and other applicable data protection regulations. Details are set out in the Operator's privacy policy, available at https://magicmenu.de/datenschutz.

(2) Insofar as the Operator processes personal data on behalf of the Restaurant Partner (in particular order data, reservation data, and contact data of End Customers), the Operator and the Restaurant Partner shall conclude a data processing agreement (DPA) pursuant to Art. 28 GDPR. The DPA is provided during registration or upon request.

(3) The Restaurant Partner is the data controller within the meaning of Art. 4(7) GDPR with respect to the processing of personal data of their End Customers, insofar as they use this data for their own purposes (e.g., order processing, customer outreach, reservation management).

(4) The Restaurant Partner is obligated to provide their End Customers with a separate privacy policy insofar as they collect and process personal data via the Platform for their own purposes.

(5) The Operator is entitled to use anonymized and aggregated usage data for statistical purposes, to improve the Platform, and to create market analyses, provided that identification of individual Restaurant Partners or End Customers is not possible.

Section 19 - Indemnification

(1) The Restaurant Partner shall indemnify and hold harmless the Operator, its legal representatives, vicarious agents, and employees from and against all third-party claims asserted on the basis of content, data, or other materials provided by the Restaurant Partner via the Platform, or on the basis of a violation by the Restaurant Partner of these ToS, statutory provisions, or rights of third parties.

(2) The indemnification obligation also includes reimbursement of the Operator's reasonable costs of legal defense, including court and attorney fees at the statutory rate.

(3) The Operator shall inform the Restaurant Partner without delay of any third-party claims asserted and shall — to the extent legally permissible — leave the defense to the Restaurant Partner or cooperate in the defense. The Restaurant Partner is obligated to support the Operator in defending against such claims and to provide all necessary information.

(4) The indemnification obligation shall not apply insofar as the Restaurant Partner is not responsible for the legal violation.

Section 20 - Amendments to the ToS

(1) The Operator is entitled to amend or supplement these ToS with effect for the future, insofar as this is necessary for valid reasons (e.g., changes in legislation, supreme court rulings, technical changes, closing of regulatory gaps, changes in market conditions) and the Restaurant Partner is not unreasonably disadvantaged thereby.

(2) Amendments to the ToS will be communicated to the Restaurant Partner in text form (by email to the registered email address or via the customer portal) at least 30 days before they take effect. The notification shall include the wording of the amended provisions, the date of entry into force, and a reference to the right of objection.

(3) Amendments shall only take effect if the Restaurant Partner consents to them in text form within 30 days of receipt of the amendment notification. Consent may also be given by confirmation through the customer portal or by express continued use of the Platform after the amendments take effect, provided that the amendment notification draws attention to this effect.

(4) If the Restaurant Partner objects to the amendments in a timely manner, the contract shall continue under the existing terms. In this case, the Operator is entitled to terminate the contract with 30 days' notice to the end of the current billing period.

(5) The above amendment authority shall not apply to amendments to the main performance obligations and remuneration. Such amendments require a separate agreement.

Section 21 - Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For End Customers who are consumers and have their habitual residence in another member state of the European Union, the mandatory consumer protection provisions of the state of residence shall remain applicable pursuant to Art. 6 Para. 2 of Regulation (EC) No. 593/2008 (Rome I Regulation).

(2) If the Restaurant Partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract shall be the registered office of the Operator. The Operator is, however, also entitled to bring proceedings against the Restaurant Partner at their general place of jurisdiction.

(3) Should individual provisions of these ToS be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected (severability clause). The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision. The same applies to any regulatory gaps.

(4) Ancillary agreements, amendments, and supplements to this contract must be in text form (§ 126b BGB). This also applies to the waiver of this text form requirement.

(5) The Operator is entitled to transfer rights and obligations under this contract in whole or in part to third parties. The Restaurant Partner will be informed with 30 days' notice and shall have a special right of termination in this case.

(6) The Operator is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

(7) The contract language is German. Translations of the ToS into other languages are for informational purposes only. In the event of discrepancies, the German version shall prevail.

(8) The Platform's AI-powered translation feature uses machine language models for automatic menu translation. Translations are machine-generated and may contain errors. The Restaurant Partner is obligated to review all AI-generated translations before publication, particularly regarding the correct translation of allergen labels and ingredients. The Operator assumes no liability for the accuracy of AI-generated translations.

Section 22 - Platform Transparency and Complaint Management

(1) The display and order of Restaurant Partners on the Platform (ranking) is determined by the following main parameters: alphabetical sorting, proximity to the End Customer's location, completeness of the restaurant profile, and activity on the Platform. Preferential placement in exchange for separate remuneration does not take place.

(2) The Operator provides an internal complaint management system through which Restaurant Partners may submit complaints regarding restrictions, suspensions, terminations, and other measures by the Operator free of charge. Complaints may be submitted by email to beschwerde@mambil.app or through the customer portal. The Operator processes complaints promptly and communicates the result to the Restaurant Partner within a reasonable period.

(3) For disputes between the Operator and the Restaurant Partner arising from this contract that cannot be resolved through the internal complaint management system, the Operator designates the Chamber of Commerce and Industry (IHK) Hannover as the mediation body. The Operator is willing to cooperate with the designated mediation body.

(4) Users may report illegal content on the Platform in accordance with Art. 16 of Regulation (EU) 2022/2065 (Digital Services Act). Reports may be submitted by email to abuse@mambil.app. The Operator will review incoming reports promptly and inform the reporter of the measures taken.