Terms and Conditions - Allgemeine Geschäftsbedingungen
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1. Definitions and Scope
SCAILE Technologies UG, Jungfrauenthal 8, 20149 Hamburg, registered at the Hamburg District Court under registration number HRB: 191310 (hereinafter referred to as "Mentoc" or "Operator"), operates the Mentoc online platform accessible online (hereinafter "Platform"). "Users" are all individuals, whether consumers or entrepreneurs, who wish to use Mentoc or are already using it or users or entrepreneurs who commission Mentoc for fee-based offer, planning, services or construction services via the platform.
These General Terms and Conditions (hereinafter GTC) apply to all users for registration on the online platform, for its use and for all related business actions undertaken between the contracting parties under the use of the platform. They also apply to future contracts unless something else is expressly agreed or referred to when the contract is concluded.
By registering, the user confirms the inclusion of these GTC, which can be accessed at any time through the link. The contract text is not saved by Mentoc. The contract language is German.
The user's terms and conditions do not apply, even if the operator does not explicitly reject their validity in individual cases. Even if the operator refers to a letter containing or referencing a user's terms and conditions, this does not constitute consent to the validity of those terms and conditions.
2. Formation of the User Relationship
2.1. The user relationship between the operator and the user arises with registration or a request by the user on the platform. Registration or a request is not required for read-only access to publicly accessible content or services in the non-registration-required area.
2.2. Only users who have reached the age of 18 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 offer creation on the website, they will be prompted at the end of the online questionnaire to enter their details 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 the user an email confirming the registration. Access to this email by the user marks the establishment of the user relationship, which the user confirms upon receipt.
2.3. Registration for a company can only be carried out by an authorized person named as a contact for the company. The operator can request proof of identity or authority at any time.
2.4. The conclusion of the user agreement and registration within the framework of the (automated) status analysis and the non-binding consultation have – without the use of further (chargeable) services – no payment or other obligations for the user.
3.1. A contract for the use of fee-based services, e.g., consulting services or project requests, is concluded through a separate registration of the user for the respective service or by filling out and submitting the order form and the acceptance of this offer by the operator through sending of an electronic order confirmation or by implicitly providing the service. The operator can make the use of chargeable services dependent on a user's identity verification.
3.2. All offers from Mentoc are non-binding and without obligation unless the specific offer indicates otherwise. There is no entitlement to registration or permission to access the registration-required project space ("My Mentoc App"). The operator may impose special registration requirements for individual offers at any time.
4. Services 4.1. Analysis and Offer
4.1.1. Mentoc offers on its platform the possibility to conduct an analysis and create an offer. As part of the analysis, the user provides detailed information based on targeted questions and answer options. The Mentoc technology analyzes the necessary foundations for a project realization based on the user's information, particularly automatically determining the costs, efforts, benefits, and project processes that would result from potential projects and realizations. Subsequently, Mentoc provides the user with the result of the project calculated automatically based on the entered data after the analysis is completed.
4.1.2. The user may only use the result of the analysis, offer overviews, or project processes for personal information or to hire Mentoc or an external service provider/ contractor mediated by Mentoc to plan and implement the planned project. It is prohibited to disseminate or impart the information to other third parties.
4.1.3. The limitation of liability in section 11.5 is explicitly pointed out.
4.2. Planning and Implementation of the Project by Mentoc
4.2.1. Mentoc usually makes an offer to the user after completing the analysis and/or the user's inquiry.
4.2.2. If the user wishes to accept Mentoc's offer, they can declare this by sending a binding order email or digitally signing the offer.
4.2.3. Billing is conducted through Mentoc.
4.2.4. Mentoc reserves the right to have its service 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 overarching measures. The following regulations (section 4.3) apply to the contractual relationship between the user and the external.
4.2.6. If a funding application is not approved, the amount paid by the customer for the "funding service" will be partially refunded. Costs incurred and any payments already made for ordered and rendered additional/special planning services are not covered by the refund. Should funding not be approved because the customer, manufacturer, or service provider does not meet the funding criteria during implementation, the right to a refund lapses.
4.3. Implementation by External Service Providers
4.3.1. For planning services and/or the implementation of project projects for which Mentoc submits an offer, Mentoc reserves the right to provide the user with a list of offers from external service providers/ cooperation partners who are in a cooperative relationship with Mentoc and are qualified to implement the planned projects (hereinafter "Externals").
4.3.2. The offers published on the platform are published in the name of the respective external. Mentoc does not check the correctness or completeness of the offer information.
4.3.3. If the user decides on a specific external, they can arrange to meet with the desired external for further consultation.
4.3.4. Mentoc acts purely as an intermediary in the initiation and execution of contracts between the user and the external and does not become a party to that contract. An intermediary success is not owed. The commission charged by Mentoc for the mediation is owed proportionately by the external and the user. The externals are neither vicarious agents nor agents of Mentoc. Fulfilment of contracts mediated by Mentoc is carried out exclusively by the mediated contractual partner. The external contractual partner is not subject to any instructions from Mentoc when executing the mediated contracts. Mentoc assumes no responsibility for the proper performance of the service. Each external is independent of Mentoc and acts on their own account.
4.3.5. Statements and explanations about the platform in advertising materials as well as on the website of Mentoc are to be understood solely as a description of the nature and not as a guarantee or assurance of a property. They only represent guarantees or assurances in the legal sense if they are made in writing and explicitly designated as such.
5. User Obligations
5.1. The user assures that the data provided during registration, especially concerning their own person (e.g., real name, company data), are correct, truthful, and up-to-date. The use of pseudonyms, stage names, or misleading information is not permitted. The user will promptly and without being asked inform Mentoc of changes to their data (especially changes in name or ownership, legal form, and address) at least in text form (email) and update it on the platform.
5.2. The user is obliged to keep access data and passwords secret and secure so that third parties do not become aware of them. They must not enable other users or third parties to use the platform with their access data. In case of loss of access data, password or suspected misuse, the user must inform the operator immediately. The user is liable for all activities carried out under their user account, including misuse by third parties, unless they are not responsible for the misuse or have not violated any duty of care.
5.3. Natural or legal persons who offer or mediate consulting and/or mediation services that the operator already offers themselves or intends to offer through third parties may be excluded from the approved user circle. In particular, but not exclusively, these are the areas of activity: planning of project and construction projects, project and building permit applications, financing of projects and construction projects, planning advice, mediation of specialist planners, implementation of projects and construction projects, mediation of contractual partners for the implementation of projects and construction projects. The operator can block user accounts of users who, at the time of registration or later, do not or no longer belong to the approved user circle.
5.4. If the user has concluded a contract with Mentoc and/or an external service provider mediated by Mentoc for planning and/or implementing the project, they are obliged to fulfill their cooperation obligations, especially to promote the planning and implementation of the project through prompt, accurate and truthful information and through necessary timely schedule agreements.
5.5. The user indemnifies the operator, its employees and other vicarious agents from all claims, obligations, and expenses that other users or third parties assert against Mentoc due to the violation of their rights by content posted by the user on the platform or due to otherwise improper use of the platform by the user. In doing so, the user reimburses Mentoc for the costs of necessary legal defence (both judicial and extrajudicial), including all court and attorney's fees in accordance with statutory amounts. This does not apply if the user is not responsible for the violation of rights. The user is obliged to promptly, truthfully, and completely provide the operator with all information and materials necessary for examining the claims and a defense in the event of a third-party claim. All further rights and claims for damages of the operator, its employees or vicarious agents remain unaffected.
5.6. If the user culpably breaches obligations from the user relationship or legal provisions, the operator is entitled, at its reasonable discretion, taking into account the user's legitimate interests, to delete impermissible content of the user, temporarily or permanently block the user's access to the platform, or permanently delete the user's profile without notice or reason and excluding the assertion of compensation claims. There is no entitlement to reregister. The right to extraordinary termination of the user relationship according to section 9 remains unaffected. The initiation of civil and/or criminal proceedings, in particular the assertion of claims for damages and/or the lodging of a criminal complaint, is expressly reserved.
6. Operator Rights
6.1. The user grants Mentoc, at the time of uploading to the platform, a royalty-free, non-exclusive, spatially and materially unrestricted, freely transferable right to use and exploit the contents they have uploaded (e.g., text and graphic data, plan documents) as well as other protected content. The right encompasses all known and those types of use not yet known today.
6.2. The granting of rights to content uploaded to the user's profile, especially uploaded photos, graphics and texts, is limited to the duration of the user relationship. The granting of rights to all other contents uploaded by the user, such as contributions and comments, sound or image files, is unlimited in time. These may be anonymized after termination of the user relationship. The operator is not obligated to delete or anonymize posts mentioning the departed user by name, unless created by them.
6.3. All data arising in connection with services provided by Mentoc or its cooperation partners remain, in accordance with the statutory provisions, the property of Mentoc or its cooperation partner, unless an additional written agreement regarding use, exploitation, and/or ownership rights has been made in the individual case.
6.4. The user grants Mentoc an irrevocable and royalty-free right to use and exploit ideas, requests for service development, feedback, recommendations, or other information provided by the user or third parties in connection with the platform, unless the user explicitly reserves corresponding rights and this is recognizable for Mentoc.
7. Reviews
7.1. They must be composed objectively in accordance with fairness and must not contain any offensive, defamatory, suggestive, or sexually suggestive, criminally relevant or otherwise illegal content (e.g., violating third-party commercial rights). Statements of fact must be truthful. Multiple reviews are not permitted.
7.2. Reviews always represent the user's statements and not those of Mentoc. Mentoc does not adopt these statements and assumes no responsibility for them.
7.3. By submitting or otherwise communicating the review, the user grants Mentoc the unrestricted and permanent right to use their review text. Mentoc is authorized to freely dispose of the review and, in particular, to process and use it for other review services, pass it on to third parties, and publish it.
8. Remuneration
8.1. If the user, external service provider or cooperation partner uses fee-based services of the platform, they are obliged to pay the costs incurred. The user, external service provider or cooperation partner will be informed of the cost obligation before the initial use of the service at the latest. If a fee increase occurs during the agreed term of term agreements, the fee valid from the time of the increase is payable. If the user, external service provider or cooperation partner has made advance payments, the fee cannot be increased for the period of the advance payment.
8.2. Payment is made via the respective offered payment methods. The operator reserves the right to exclude individual payment methods (e.g., cash payment). Invoicing the user, external service provider or cooperation partner is made in electronic form (pdf) via the user account or by email, unless otherwise agreed. Invoicing occurs after the creation and sending of all documents in digital form by SCAILE Technologies UG. Invoice amounts are due each upon invoicing and payable within 7 calendar days to an account specified by Mentoc. Upon expiry of this period, 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 receipt of the contested invoice or after debiting the contested costs in writing. The claim for reimbursement expires at the end of this period.
8.3. Mentoc is entitled, prior to the provision of services, to request a reasonable down payment from the user, external service provider or cooperation partner.
8.4. For additional, modification or repeat performances, the contractual partners agree on an additional fee of €130/hour plus statutory VAT.
8.5. If during the planning and/or implementation of the project, it turns out that the scope of services significantly exceeds the originally calculated scope of services, especially modification services where Mentoc has to start practically anew with planning and provide a new intellectual service and which are not already part of the proper fulfillment of service obligations, Mentoc is entitled to an additional claim to remuneration.
8.6. Payments to externals are processed directly with them. Mentoc is neither responsible for collecting nor for accepting any payments for externals.
9. Contract Duration, Premature Termination of the Contract, Withdrawal 9.1. User Agreement / Contract Duration
9.1.1. The user agreement for using the platform begins with the initial registration of the user on the Mentoc platform and is entered into for an indefinite period.
9.1.2. The user agreement can be terminated at any time without reasons with immediate effect. The right of the parties to terminate the contract through extraordinary termination for an important reason remains unaffected. An important reason is present, in particular, if the terminating party cannot 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. A right to extraordinary termination without prior warning exists, in particular, if the user violates the obligations under section 4.
9.1.3 The termination of the user agreement does not affect any contracts between the user and Mentoc that may have been concluded or contractual relationships between the user and externals mediated by Mentoc.
9.1.4. Terminations must be in 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 file), will be deleted, insofar and as long as the operator is not legally obliged to retain this data. Data collected in connection with remuneration-based or free services already provided by the operator or its cooperation partners will only be deleted after the expiration of the statutory limitation periods. The user has no claim to the release or transfer of content they have uploaded.
9.2. Premature 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, deducting what Mentoc has saved due to the termination of the contract or what they have obtained or maliciously failed to obtain through alternative use of the workforce.
9.2.2. If no suitable on-site appointment is found within 180 days of concluding the contract, although Mentoc, external service providers or cooperation partners have offered possible dates, 60% of the agreed fee must be paid.
9.2.3. An important reason for termination by the user is present, in particular, if
– the trust relationship between the parties is significantly disturbed due to circumstances occurring after the conclusion of the contract, or other circumstances exist on which account it is unreasonable for the user to adhere to the contract;
– Mentoc has suspended payments, the opening of insolvency proceedings over their assets has been requested, or Mentoc’s financial capability is impaired for other reasons that trust in their ability to fulfill the contract properly no longer exists.
9.2.4. An important reason for termination by Mentoc is present, in particular, if
– the user fails to perform a service they are obliged to and thereby significantly hinders Mentoc's ability to fulfill their service as per contract;
– the user is in arrears with a due payment or otherwise with a significant contractual obligation;
– the trust relationship between the parties is disturbed so significantly for other reasons arising after the contract conclusion that Mentoc can no longer be expected to adhere to the contract;
– Mentoc and/or the user are prevented from continuing project processing/ realization for more than two months due to unforeseen circumstances (force majeure), including, for example, the non-(no longer)-availability of one or more public-law approvals required for the project, a judicial prohibition on continuing work, etc.
9.2.5. Terminations must be in writing.
9.2.6. If this contract is terminated for an important reason by the user, Mentoc, external service provider or cooperation partner is entitled to remuneration only for the faultless, usable, and self-contained services provided up to termination (§ 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
– unforeseen or between contract conclusion and fulfillment circumstances arise that justify a withdrawal considering a legitimate interest of Mentoc, e.g., force majeure, Corona pandemic, payment default, inadequate performance, strike, and natural disasters.
– Mentoc unexpectedly does not have sufficient capacity to fulfill the contractual services or the agreed deadlines. Mentoc must inform the user of this immediately and refund any payments already made by the user.
10. Acceptance
In the case of staggered commissioning, Mentoc is entitled to formal acceptance after each commission stage is completed. If Mentoc is commissioned with the services of further commissioning stages, the acceptance of the previous commissioning stage counts as partial acceptance. Furthermore, the contractor has the statutory right under § 650s BGB to formal partial acceptance after the final performance required for the project is accepted.
11. Warranty and Liability
11.1. Warranty and compensation claims of the user are subject to the statutory provisions.
11.2. Mentoc assumes no liability for the factual accuracy, up-to-dateness, and completeness of the content (of the website, platform, offers, project processes) of documents and data provided by the user. To the extent that external service providers, cooperation partners and/or specialists are or were integrated by the user to supplement Mentoc's services, Mentoc is not responsible for their services.
11.3. Mentoc is not liable for contract performance or damage to the user arising in a relationship mediated by Mentoc between the user and an external (external service provider or cooperation partner).
11.4. Mentoc endeavors to offer uninterrupted operations of the platform permanently. This is naturally limited to services over which Mentoc has influence. The user, external service provider or cooperation partner acknowledges that complete seamless availability of the platform is technically not realizable. Mentoc reserves the right, in particular, to restrict access to the platform at its discretion, especially due to maintenance work, capacity concerns and due to other events, partially or entirely, temporarily or permanently.
11.5. Mentoc and its legal representatives and agents have unlimited liability
– for intent and gross negligence,
– when assuming a guarantee,
– for damages from injury to life, body, and health.
For other damages (property and financial losses) in gratuitous services, including the provision of information or documents, the operator's liability for defects of the same is excluded. The operator is not liable for completeness, suitability for a specific purpose, up-to-dateness, and accuracy of research results, automated processes, or other information.
11.6. The disclaimers or limitations of liability also apply in favor of the legal representatives and agents of the operator if claims are made directly against them and accordingly for claims against companies affiliated with Mentoc and cooperation partners and their legal representatives and other agents.
11.7. The provisions of the Product Liability Act remain unaffected.
12. Assignment and Set-off
The assignment of claims by the user is only permitted with the prior written consent of the operator. The user is only entitled to set off to the extent that 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 enters into a contract with Mentoc for a purpose that can neither be attributed to their commercial nor their independent professional activity, the following provisions on the right of withdrawal apply to the user as a consumer (§ 13 BGB):
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 the contract is concluded. It does not begin until you have received this information in text form.
To exercise your right of withdrawal, you must notify us
SCAILE Technologies UG, Mentoc
Jungfrauenthal 8
20149 Hamburg
Email address: dataprotection@mentoc
by making an unequivocal statement (e.g., letter, fax or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient to send your communication regarding your exercise of withdrawal rights before the withdrawal period expires. You may use the sample withdrawal form [LINK], which is not prescribed.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we received from you promptly. You must return all benefits received from us in the event of withdrawal. If restitution of benefits is excluded by their nature, materials and products used cannot be removed without destruction or services cannot be reversed without effort/cost, you must pay compensation for their value.
Special Note on Early Termination of Withdrawal Rights
The right of withdrawal expires in the case of a contract for the provision of services if the service was fully provided and the provision of the service only began after the consumer expressly consented to it and simultaneously confirmed their knowledge that they lose their right of withdrawal upon full contractual fulfillment by the entrepreneur.
14. Data Protection
14.1. The data protection declaration of Mentoc, which is made available to the user in text form in the event of registration and is always available in its current version, applies to data protection.
14.2. Before the analysis and offer creation, the user consents to Mentoc fully utilizing the data they transmitted, particularly to suggest offers to the user, including from external partners, or to utilize the data in other ways, such as by transmitting it to third parties, including advertising partners.
15. Alternative Dispute Resolution
15.1. Mentoc does not participate in any dispute settlement procedures and is not obligated to do so.
15.2. The European Commission provides a platform for online dispute resolution, available at [LINK]. Mentoc is not obligated to participate in dispute resolution procedures before a consumer arbitration board and does not voluntarily participate.
16. Final Provisions
16.1. Changes or additions 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 advance in at least.text form before making changes to these terms and conditions. If the user does not object to the change within at least four weeks after notification of the change in text form (e.g., by email), this is considered agreement to the change; Mentoc will point this out in the change notifications.
16.2. German law applies.
16.3. In dealings with merchants who operate a commercial business, or with such natural or legal persons who are equivalent to merchants by registration in the commercial register or by law, Hamburg is the place of jurisdiction for disputes arising from this contract, regardless of the legal basis.
16.4. Should agreements made in this contract be entirely or partially legally ineffective or cannot be carried through, this does not affect the validity of the remaining contract content. Instead of the invalid or ineffective condition, such one applies that comes closest to the intention of the contracting parties.
Status September 2024
