AGB - General Terms and Conditions
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1. Definitions and Scope
SCAILE GmbH, Jungfrauenthal 8, 20149 Hamburg, registered at the Hamburg District Court under register number HRB: 191310 (hereinafter "Mentoc" or "Operator"), is the operator of the Mentoc online platform (hereinafter "Platform"). "Users" are all individuals, whether consumers or entrepreneurs, who want to use or already use Mentoc, as well as users or entrepreneurs who commission Mentoc with paid offer, planning, services, or construction services through the platform.
These general terms and conditions (hereinafter GTC) apply to all users for the registration on the online platform, for its use, and for all business actions carried out under the use of the platform between the contracting parties. They also apply to future contracts unless something different is expressly agreed or referenced when concluding the contract.
Upon registration, the user confirms the inclusion of these GTC, which can be accessed at any time via the link. Mentoc does not store the contract text. The language of the contract is German.
The business terms of the users do not apply, even if the operator does not expressly object to their application in individual cases. Referring to a letter that contains or references a user's terms does not imply consent to their validity.
2. Establishment of the User Relationship
2.1. The user relationship between the operator and the user is established upon registration or a request by the user on the platform. Registration or a request is not required for merely reading access to publicly available content or services in the non-registration-required area.
2.2. Only users who are at least 18 years old can make a request and create a user account. The user is responsible for protecting their user account from unauthorized access by third parties. If the user wishes to use services such as analysis and quote creation on the website, they will be prompted at the end of the online questionnaire to enter their data into the respective registration form – e.g., their name, email address, and phone number. The registration process can only be successfully completed if the required mandatory information is provided. By confirming the entered data, the user makes an offer to enter into a user relationship. The operator accepts the user's offer by sending an email to the user confirming the registration. Upon receipt of this email by the user, the user relationship is deemed established. The user confirms the receipt of this email.
2.3. Registration for a company may only be carried out by an authorized representative and named contact person of the company. The operator may request proof of identity or authorization at any time.
2.4. The conclusion of the user contract and registration in the context of the (automated) current state analysis and the non-binding consultation meeting do not result in any payment or other obligations for the user, without using further (paid) services.
3.1. A contract for the use of paid services, e.g., consulting services or project inquiries, is concluded through separate registration of the user for the respective service or by completing and submitting the order form and acceptance of this offer by the operator by sending an electronic order confirmation or conclusively by providing the service. The operator may make the use of paid services contingent upon identity verification of the user.
3.2. All offers from Mentoc are non-binding unless otherwise specified in the specific offer. There is no entitlement to registration or permission to access the registration-required project space ("My Mentoc App"). The operator may at any time set special registration requirements for individual offers.
4. Services 4.1. Analysis and Offer
4.1.1. Mentoc offers the possibility to conduct an analysis and create offers on its platform. As part of the analysis, the user provides detailed information based on targeted questions and answer options. The Mentoc technology analyzes using the information provided by the user the necessary basis for project realization, particularly in an automated manner, which costs, efforts, benefits, and project processes would result from potential projects and realizations. Subsequently, Mentoc provides the user with the automatically calculated result of the project based on the data entered after completing the analysis.
4.1.2. The user may only use the analysis result, offer overviews, or project processes for their own information or to commission Mentoc or an external service provider/contractor mediated by Mentoc with the planning and implementation of the planned project. Passing it on or making it known to other third parties is prohibited.
4.1.3. The liability limitation in section 11.5 is expressly pointed out.
4.2. Planning and Implementation of the Project by Mentoc
4.2.1. After completing the analysis and/or the request by the user, Mentoc usually makes an offer to the user.
4.2.2. If the user wishes to accept Mentoc's offer, they can do so by sending a binding order email or digitally signing the offer.
4.2.3. Billing is done through Mentoc.
4.2.4. Mentoc reserves the right to have its performance obligations towards the user carried out by a subcontractor.
4.2.5. As part of the consultation, Mentoc may mediate additional external service providers to the user who can implement individual or comprehensive measures. The following regulations apply to the contractual relationship between the user and the external party (section 4.3).
4.2.6. If a funding application is not approved, the customer will receive a partial refund of the amount paid for the "Funding Service". Costs incurred and any payments already made for commissioned and rendered additional/separate planning services are not part of the refund. If the funding is not approved because the customer, manufacturer, or service provider does not comply with the funding criteria in the implementation, the claim for a refund lapses.
4.3. Implementation by External Service Providers
4.3.1. For planning services and/or the implementation of project plans for which Mentoc submits an offer, Mentoc reserves the right to also provide the user with a list of offers from external service providers/cooperation partners who have a cooperative relationship with Mentoc and are suitable for implementing the planned project (hereinafter "Externals").
4.3.2. The offers published on the platform are published on behalf of the respective external party. Mentoc does not check the accuracy or completeness of the offer information.
4.3.3. If the user decides on a specific external party, they can schedule an appointment for further consultation with the desired external party.
4.3.4. In the context of contract initiation and execution between the user and the external party, Mentoc acts solely as a mediator and does not become a party to that contract. A mediation success is not owed. The provision fee collected by Mentoc is owed jointly by the external party and the user. Externals are neither fulfillment nor vicarious agents of Mentoc. The performance of contracts mediated by Mentoc is the sole responsibility of the mediated contractual partner. The external contractual partner is not subject to instructions from Mentoc when executing the mediated contracts. Mentoc assumes no responsibility for the proper performance of the services. Every external party is independent of Mentoc and acts on their own account.
4.3.5. Statements and explanations regarding the platform in advertising materials and on the Mentoc website are to be understood solely as descriptions of the nature and not as guarantees or assurances of a property. They only constitute guarantees or assurances in the legal sense if they are made in writing and expressly designated as such.
5. User Obligations
5.1. The user assures that the data provided during registration, particularly regarding their own person (e.g., real names, company data) is correct, truthful, and up-to-date. The use of pseudonyms, stage names, or misleading information is not permitted. The user will inform Mentoc in a timely and unsolicited manner of changes to their data (particularly name or owner changes, change in legal form and address) at least in text form (email) and change it on the platform.
5.2. The user is obliged to keep access data and passwords secret and under lock and key so that third parties cannot gain knowledge. They must not allow other users or third parties to use the platform with their access data. In case of loss of access data, the password, or suspicion of misuse, the user must notify the operator immediately. The user is liable for all activities carried out using their account, including misuse by third parties, unless they are not responsible for the abuse or have not breached any duties of care.
5.3. Natural or legal persons offering or mediating such consulting and/or mediation services that the operator itself already offers or intends to offer via third parties may be excluded from the eligible user group. In particular, but not limited to, the areas of activity are: planning of project and construction plans, project and construction application, financing of projects and construction plans, planning consulting, mediation of special experts and planners, implementation of projects and construction plans, mediation of contractual partners for the implementation of projects and construction plans. The operator may block user accounts of users who do not or no longer belong to the eligible user group upon registration or at a later date.
5.4. If the user has concluded a contract with Mentoc and/or an external party mediated by Mentoc for the planning and/or implementation of the project plan, they are obliged to fulfill their cooperation obligations, particularly to promote the planning and implementation of the project through prompt, correct, and truthful information and through necessary timely scheduling agreements.
5.5. The user indemnifies the operator, its employees, and other agents from all claims, obligations, and expenses that other users or third parties assert against Mentoc due to violation of their rights through content uploaded by the user to the platform or due to any other wrongful use of the platform by the user. The user reimburses Mentoc for the costs of necessary legal defense (both in and out of court) including all court and attorney fees in the statutory amount. This does not apply if the user is not responsible for the infringement. The user is obliged to provide the operator with all necessary information truthfully and completely and materials for the examination of claims and defense in case of a claim by third parties. All further rights and compensation claims of the operator and its employees or agents remain unaffected.
5.6. If the user culpably violates obligations from the user relationship or legal provisions, the operator is entitled, at its reasonable discretion, considering the legitimate interests of the user, to delete impermissible user content without notice and, if circumstances of the user have been mentioned without having created them, block or delete the user's access to the platform. There is no entitlement to re-registration of the user. The right to extraordinary termination of the user relationship according to section 9 remains unaffected. The initiation of civil and/or criminal measures, particularly the assertion of damages and/or the filing of a criminal complaint, is expressly reserved.
6. Rights of the Operator
6.1. The user grants Mentoc free of charge the non-exclusive, spatially and materially unrestricted, freely transferable right to use and exploit all contents uploaded to the platform by the user (e.g., text and graphic data, plan documents) as well as other protected content at the time of upload. The right includes all known as well as usage types that are not yet known today.
6.2. The granting of rights to content uploaded to the user's profile, especially photos, graphics, texts, and information uploaded there, is limited to the duration of the user relationship. The granting of rights to all other content uploaded by the user, such as contributions and comments, sound or image files, is unlimited. These may be anonymized after the end of the user relationship. The operator is not obliged to delete or anonymize contributions that mention the user by name without having been created by them.
6.3. All data generated in connection with services provided by Mentoc or its cooperation partners remain, following legal regulations, the property of Mentoc or its cooperation partner unless written agreement is made in individual cases regarding usage, exploitation, and/or ownership rights.
6.4. The user irrevocably and free of charge grants Mentoc the unrestricted right of use and exploitation regarding ideas, service development inquiries, feedback, recommendations, or other information provided by the user or third parties in connection with the platform, unless the user expressly reserves the respective rights, and this is identifiable for Mentoc.
7. Reviews
7.1. Reviews are to be composed objectively according to the principles of fairness and must not contain any insulting, defamatory, suggestive, or sexually charged content, nor any content relevant to criminal law or otherwise illegal (e.g., violating industrial property rights of third parties). Factual assertions must be accurate. Multiple reviews are not permitted.
7.2. Reviews are always expressions of the user and not expressions of Mentoc. Mentoc does not endorse these statements and accepts no responsibility for them.
7.3. By submitting or otherwise communicating the review, the user grants Mentoc free of charge the unbounded right of use of the review text spatially and temporally. Mentoc is entitled to freely dispose of the review and, in particular, to process and use it for other review services, to pass it on to third parties, and to publish it.
8. Remuneration
8.1. If the user, external service provider, or cooperation partner avails of paid services from the platform, they are obliged to pay the costs incurred. The user, external service provider, or cooperation partner will be informed about cost obligations at least before first using the service. Should an increase of the fee occur during the agreed duration within continuous obligations, the valid fee from the time of increase must be paid. If the user, external service provider, or cooperation partner has made advance payments, the fee cannot be increased for the advance payment period.
8.2. Payment is made via the payment methods offered. The operator reserves the right to exclude certain payment methods (e.g. cash payment). Invoicing for the user, external service provider, or cooperation partner is made electronically (pdf) via the user account or by email, unless otherwise agreed. Invoicing is done after creation and delivery of all documents in digital form by SCAILE Technologies GmbH. Invoice amounts are due with invoicing and payable within 7 calendar days to an account specified by Mentoc. After this period expires, the user, external service provider, or cooperation partner is in default. The user must regularly raise objections to the amount of fees charged within one month after receiving the disputed invoice or after debiting the disputed costs in writing. The claim for repayment expires after this period.
8.3. Mentoc is entitled to demand an appropriate advance payment from the user, external service provider, or cooperation partner before the service provision.
8.4. For additional, change or repeated services, the contractual partners agree on an additional fee of 130€/hour plus statutory VAT.
8.5. If it should become apparent during the planning and/or implementation of the project that the scope of services significantly exceeds the originally calculated scope of services, particularly change services where Mentoc must effectively restart planning and a new intellectual service must be performed, and that are not already part of the proper fulfillment of performance obligations, Mentoc is entitled to an additional remuneration claim.
8.6. Remunerations for external parties are handled directly with them. Mentoc is neither responsible for collecting nor receiving any compensation for external parties.
9. Contract Duration, Early Termination, Withdrawal 9.1. User Contract/Contract Duration
9.1.1. The user contract for the use of the platform begins with the first registration of the user on the Mentoc platform and is concluded for an indefinite period.
9.1.2. The user contract can be terminated at any time without a reason with immediate effect. This does not affect the right of the parties to terminate the contractual relationship through extraordinary termination for a good cause. A good cause exists, in particular, when the terminating party cannot reasonably be expected to continue the user relationship, considering all circumstances of the individual case and weighing the mutual interests until the end of the contract term. There is a right to extraordinary termination without prior warning, particularly if the user violates obligations according to section 4.
9.1.3 The termination of the user contract does not affect any contracts concluded between the user and Mentoc or contractual relationships mediated by Mentoc between the user and external parties.
9.1.4. Terminations require text form.
9.1.5. Upon termination of the user relationship, the user account and profile, including all stored information (e.g., personal messages, profile information, image files), are deleted unless the operator is legally obliged to store this data. Data related to services already provided for consideration or free of charge by the operator or its cooperation partners will only be deleted after the statutory limitation periods have expired. The user has no claim to the release or other transfer of content uploaded by them.
9.2. Early Termination of the Contract
9.2.1. If the user, external service provider, or cooperation partner terminates the contract, Mentoc receives the agreed remuneration for the services ordered up to that point, allowing for what Mentoc saves due to contract termination or maliciously fails to earn new work.
9.2.2. If no suitable on-site appointment can be found within 180 days of contract conclusion, despite Mentoc, external service provider, or cooperation partner offering possible appointments, 60% of the agreed fee must be paid.
9.2.3. A good reason for termination by the user exists particularly when:
– the relationship of trust between the parties is significantly disrupted due to circumstances occurring after the contract is concluded, or other circumstances exist due to which the user can no longer be reasonably expected to adhere to the contract;
– Mentoc has ceased payments, has applied for the opening of insolvency proceedings, or the performance ability of Mentoc has been so impaired for other reasons that no confidence in its contract-compliant performance capability remains.
9.2.4. A good reason for termination by Mentoc exists particularly when:
– the user omits a service they owe, thereby significantly hindering Mentoc from performing its service as agreed;
– the user is in default with a due payment or otherwise with a significant contractual obligation;
– the relationship of trust between the parties is significantly disturbed due to other reasons that occurred after the contract was concluded, so it is unreasonable for Mentoc to adhere to the contract;
– Mentoc and/or the user are prevented from continuing the project for more than two months due to unforeseen circumstances (force majeure), such as no longer having one or more of the public law permits required for the project, a court ordered prohibition of the continuation of the work, etc.
9.2.5. Terminations require written form.
9.2.6. If this contract is terminated by the user for an important reason, Mentoc, the external service provider, or the cooperation partner is only entitled to compensation for the services provided until the termination that are free of defects, usable, and complete in themselves (§ 648a BGB).
9.3. Withdrawal
9.3.1. Mentoc has the right to withdraw from the contract with the user, external service provider, or cooperation partner if:
– unforeseeable circumstances exist at the time of contract conclusion or occur between contract conclusion and fulfillment, justifying a withdrawal considering Mentoc's justifiable interest, such as force majeure, Corona pandemic, payment default, inadequate services, strike, and natural disasters.
– Mentoc unexpectedly does not have sufficient capacity to fulfill the contractual services or agreed dates. In this case, Mentoc must inform the user immediately and refund any services already provided by the user.
10. Acceptance
In case of a step-by-step engagement, Mentoc is entitled to formal acceptance after the completion of each engagement level. If Mentoc is engaged with the services of further engagement levels, the acceptance of the preceding engagement level is considered partial acceptance. In addition, the contractor has the legal entitlement under § 650s BGB to formal partial acceptance after the acceptance of the last performance to be rendered for the project.
11. Warranty and Liability
11.1. Warranty and damage claims of the user are governed by statutory provisions.
11.2. Mentoc assumes no liability for the factual accuracy, timeliness, and completeness of the contents (of the website, platform, offers, project processes) provided by the user. To the extent that external service providers, cooperation partners, and/or specialists have been/will be involved in supplementing Mentoc's services, Mentoc is not responsible for their services.
11.3. Mentoc is not liable for performance or damages arising within the user-external party relationship for contracts mediated by Mentoc.
11.4. Mentoc strives to offer uninterrupted operation of the platform permanently. This naturally limits itself to services where Mentoc has influence. The user, external service provider, or cooperation partner acknowledges that complete uninterrupted platform availability is not technically feasible. Mentoc particularly reserves the right to restrict access to the platform temporarily or permanently at its discretion, especially due to maintenance work, capacity concerns, and other events.
11.5. Mentoc, its legal representatives, and agents are liable without limitation:
- for intent and gross negligence,
- when assuming a guarantee,
- for damages resulting from injury to life, body, and health.
Liability for other damages (material and financial) is excluded in cases of free services, especially the provision of information or documents, for material and legal defects thereof. The operator is not liable for completeness, suitability for a particular purpose, timeliness, and correctness of research results, automated processes, or other information.
11.6. The liability exclusions or limitations also apply in favor of the operator's legal representatives and agents when claims are made against them directly and accordingly to claims against companies associated with Mentoc and cooperation partners as well as their legal representatives and other agents.
11.7. The provisions of the Product Liability Act remain unaffected.
12. Assignment and Offsetting
The assignment of claims by the user is only permitted with prior written consent from the operator. The user is only entitled to offset if their counterclaim has been legally established or is undisputed. The right of retention, particularly the defense of unfulfilled contract, remains unaffected.
13. Right of Withdrawal
If the user, external service provider, or cooperation partner concludes the contract with Mentoc for a purpose that cannot be attributed to their commercial or independent professional activity, the following provisions on the right of withdrawal for consumers (§ 13 BGB) apply:
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 date the contract is concluded. It does not begin to run before you have received this information in text form.
To exercise your right of withdrawal, you must inform us
SCAILE Technologies GmbH, Mentoc
Jungfrauenthal 8
20149 Hamburg
Email address: dataprotection@mentoc
by a clear statement (e.g., letter, fax, or email) of your decision to withdraw from this contract. It is sufficient to send the statement on the exercise of the right of withdrawal before the withdrawal period expires. You can use the sample withdrawal form [LINK], which is not mandatory.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all payments received from you without delay. You must return to us all services received from us until the withdrawal. If the return of a service is excluded by its nature, such as materials or products used that cannot be removed without destruction, or services that cannot be reversed without effort/cost, you must pay compensation for their value.
Special Note on the Early Expiry of the Right of Withdrawal
The right of withdrawal expires for a contract for the provision of services if the service has been fully provided and the performance of the service has only begun after the consumer has given his express consent, acknowledging that he loses his right of withdrawal when the contract is fully performed by the entrepreneur.
14. Data Protection
14.1. The data protection declaration of Mentoc, which is provided to the user in text form in the event of registration and is accessible in its current version at any time, applies to data protection.
14.2. Before conducting the analysis and offer creation, the user consents to Mentoc using the data they have provided in its entirety, particularly to propose offers, including from external parties, or to use the data in other ways, such as by transmitting it to third parties, e.g., advertising partners.
15. Alternative Dispute Resolution
15.1. Mentoc does not participate in any dispute resolution procedure and is not obliged to do so.
15.2. The European Commission provides a platform for online dispute resolution, which can be found at. Mentoc is not obliged to participate in dispute resolution procedures before a consumer arbitration board and does not voluntarily participate.
16. Final Provisions
16.1. Amendments or supplements to these terms and conditions must be in text form to be effective. Mentoc reserves the right to change the terms and conditions at any time with effect for the future. Mentoc will inform the user, external service provider, or cooperation partner in text form about changes to these terms and conditions in advance. If the user does not object to the change within at least 4 weeks after the notification of the change in text form (e.g., by email), it is deemed as consent to the change; Mentoc will point this out in the change notifications.
16.2. The law of the Federal Republic of Germany applies.
16.3. In business transactions with merchants who operate a commercial business, or with such natural or legal persons who are equivalent to such merchants by registration in the commercial register or by law, the place of jurisdiction for disputes arising from this contract, regardless of the legal grounds, is Hamburg.
16.4. If agreements made in this contract are entirely or partially invalid or not implemented, this does not affect the validity of the remaining contract content. In place of the invalid or ineffective condition, a condition that comes closest to the intention of the contracting parties shall apply.
As of September 2024
