Version: October 2025

Scope: Applicable exclusively to business customers within the meaning of §14 of the German Civil Code (BGB)

1. Scope of Application

(1) These General Terms and Conditions (GTC) apply to all business relationships between OBTEGO AG, Landshuter Straße 36, 84051 Altheim, Germany (hereinafter referred to as “OBTEGO”) and its commercial customers (hereinafter referred to as “Customer”).

(2) In particular, they apply to:

• the sale and delivery of products,

• consulting services and technical support,

• the use of software, web applications, and mobile applications (“App”) provided by OBTEGO.

(3) Any terms and conditions of the Customer that differ from, contradict, or supplement these GTC shall not become part of the contract unless OBTEGO has expressly agreed to their validity in writing.

2. Subject Matter of the Contract

(1) OBTEGO supplies specialized products for the treatment, impregnation, and sealing of cementitious floors, as well as digital services supporting the application of such products.

(2) The App provided by OBTEGO includes AI-based advisory features designed to support professional users with technical recommendations. These recommendations are generated automatically and do not constitute binding advice.

(3) The automated recommendations provided by the AI do not replace the independent assessment by a qualified professional user.

The user is obliged to verify the suitability of the proposed products and procedures by conducting their own assessment, in particular by creating test areas.

(4) Orders placed via the App or through voice/text input shall only be deemed accepted upon explicit order confirmation (OC) issued by OBTEGO.

3. Obligations of the Customer

(1) The Customer undertakes to use the App and its functionalities solely within the scope of their intended business use.

(2) The Customer is responsible for the accuracy and completeness of all data entered or transmitted (e.g. photos, location data, measurements, text, or voice recordings).

(3) The Customer shall always observe OBTEGO’s processing guidelines, safety data sheets, and technical data sheets prior to using any product.

(4) The Customer shall refrain from transmitting any unlawful, third-party, or confidential content when using the App.

4. Liability

(1) OBTEGO shall be liable only in cases of intent or gross negligence.

In cases of slight negligence, OBTEGO shall be liable only for damages resulting from injury to life, body, or health, or for damages arising from the breach of essential contractual obligations (cardinal duties).

(2) In cases of slight negligence, liability shall be limited to the foreseeable, contract-typical damage.

(3) Liability for indirect damages, loss of profit, data loss, or consequential damages is excluded to the extent permitted by law.

(4) The AI-based recommendations provided in the App are generated based on statistical probabilities. System-related errors, omissions, or so-called “hallucinations” are technically unavoidable and do not constitute grounds for liability.

(5) The above limitations of liability shall also apply to the legal representatives, employees, and vicarious agents of OBTEGO AG.

5. Prices and Payment Terms

(1) All prices are quoted in euros, excluding statutory value-added tax (VAT).

(2) Unless otherwise agreed, invoices are payable within 30 days from the invoice date, without deductions.

(3) In the event of late payment, the statutory default interest (§ 288 BGB) shall apply.

6. Delivery, Shipment, and Transfer of Risk

(1) Delivery dates and deadlines are binding only if expressly confirmed in writing.

(2) The risk of accidental loss or deterioration of goods passes to the Customer upon handover to the carrier, freight forwarder, or recipient.

(3) Partial deliveries are permissible, provided they are reasonable for the Customer.

7. Retention of Title

The delivered goods remain the property of OBTEGO AG until all claims arising from the business relationship have been fully settled.

Pledging or transfer by way of security before full payment is prohibited.

8. Use of the App and Intellectual Property

(1) OBTEGO grants the Customer a simple, non-transferable, and revocable right of use for the App for the duration of its use.

(2) All rights to the software, content, texts, images, trademarks, databases, and AI models remain with OBTEGO.

(3) The distribution, sublicensing, or commercial exploitation of the App or its contents is prohibited.

(4) OBTEGO reserves the right to modify, expand, or update the App at any time, provided such changes are reasonable for the Customer.

9. Data Protection

(1) The processing of personal data is carried out exclusively in accordance with OBTEGO AG’s Privacy Policy and the provisions of the EU General Data Protection Regulation (GDPR).

(2) The App processes, in particular:

• data entered by the user (e.g. company name, contact details),

• location data,

• images, voice recordings, and text,

• technical metadata.

(3) Data processing serves the purpose of enabling App functionality, communication with the user, quality assurance, and improvement of AI systems.

(4) All data is processed exclusively in compliance with GDPR in a data center located within the EU/EEA. No data is transferred to third countries.

(5) Further details are available in our Privacy Policy.

10. Final Provisions

(1) The laws of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and exclusive jurisdiction for all disputes arising from or in connection with this contract shall be, to the extent permitted by law, the registered office of OBTEGO AG.

(3) Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory regulation.

OBTEGO AG

Landshuter Straße 36

84051 Altheim, Germany

E-mail: ai@obtego.com

Web: https://www.obtego.com