Terms of Use1
1. Scope of Application
1.1. Use of these web pages offered by SCAILE Technologies UG and/or its subsidiaries and sub-brands ("Mentoc") is permitted exclusively on the basis of these terms. These General Terms of Use may be supplemented, modified, or replaced by additional conditions applicable to the purchase of products and/or services on a case-by-case basis. By logging in or, if a separate log-in is not required, by beginning use, the validity of these Terms of Use in their respective version is accepted.
1.2. If the user uses the Mentocwebsite as or for a business, i.e., in pursuit of a commercial or independent professional activity, or for a public corporation, § 312i paragraph 1 sentence 1 numbers 1 - 3 of the German Civil Code does not apply.
1.3. For web services targeting businesses or public corporations, the respective company or corporation is represented by the user and must account for their actions and knowledge.
2. Services
2.1. Mentoc provides certain information and software, possibly along with documentation, for retrieval or download on the Mentocwebsite.
2.2. Mentoc reserves the right to completely or partially discontinue operation of the Mentocwebsite at any time. Due to the nature of the internet and computer systems, Mentoc does not guarantee uninterrupted availability of the Mentocwebsite.
3. Registration, Password
3.1. Some pages of the Mentocwebsite may be password-protected. Access to these pages is only available to registered users in the interest of business security. There is no entitlement to registration by Mentoc. Mentoc specifically reserves the right to subject previously freely accessible web pages to registration requirements. Mentoc is entitled at any time to revoke access authorization by blocking access data without the need to specify reasons, especially if the user:
- has provided false information for registration,
- has violated these terms or their duty of care in handling access data,
- has violated applicable law in access to or use of the Mentocwebsite, or
- has not used the Mentocwebsite for an extended period.
3.2. If registration is preset, the user is obliged to provide truthful information for registration and to immediately notify Mentoc (if provided, online) of any changes afterwards. The user ensures that they receive the emails sent to the email address provided by them.
3.3. After successful registration, the user receives a username and password (hereinafter referred to as "User Data"). Upon initial access, the user will change the password provided by Mentoc to a password only known to them. The User Data enables the user to view, change their data, or revoke or extend any given consent for data processing.
3.4. The user ensures that the User Data is not accessible to third parties and is liable for all orders and other activities undertaken under the User Data. The password-protected area must be left after each use. If the user becomes aware that third parties are misusing the User Data, they are obliged to promptly inform Mentoc in writing, if necessary, in advance by simple email.
3.5. After receipt of the notification following Clause 3.4, Mentoc will block access to the password-protected area with this User Data. Lifting the block is only possible after a separate application by the user to Mentoc or after re-registration.
3.6. The user can at any time request in writing the deletion of their registration, provided the termination of ongoing contractual relationships does not oppose this. Mentoc will then delete all User Data and all other stored personal data of the user as soon as they are no longer needed.
4. Usage Rights to Information, Software, and Documentation
4.1. The use of information, software, and documentation provided on the Mentocwebsite is subject to these terms or, for updates of information, software, or documentation, by the license conditions agreed on previously with Mentoc. Specially agreed license terms, e.g., for software downloads, take precedence over these conditions.
4.2. Mentoc grants the user a non-exclusive and non-transferable right to use the provided information, software, and documentation on the Mentocwebsite to the extent agreed upon, or, if not agreed, as it corresponds to the purpose pursued by Mentoc with the provision and letting thereof.
4.3. Software is provided in machine-readable form free of charge. A claim for the release of the source code does not exist, except for source codes of Open Source Software whose license terms prescribe the release of the source code, which have precedence over these conditions when Open Source Software is transferred. In this case, Mentoc will provide the source code against cost reimbursement.
4.4. Neither information, software, nor documentation may be distributed, rented, or otherwise provided by the user to third parties at any time. Unless legally required regulations permit otherwise, the user may not alter, back-translate, or deconstruct the software or its documentation, nor extract any parts. The user may create a backup copy of the software if it is necessary for securing future use based on these terms.
4.5. The information, software, and documentation are protected by copyright laws and international copyright agreements as well as other laws and agreements on intellectual property. The user will observe these rights, particularly not removing any alphanumeric identifiers, trademarks, or copyright notices from the information, software, documentation, or copies thereof.
4.6. Sections 69a ff. of the Copyright Act remain unaffected.
5. Intellectual Property
5.1. Notwithstanding the specific provisions of Clause 4 of these terms, information, brand names, and other content from the Mentocwebsite may not be altered, copied, duplicated, sold, rented, used, supplemented, or otherwise exploited without prior written consent from Mentoc.
5.2. Outside the expressly granted usage rights or other rights, the user is not granted any further rights of any kind, especially regarding the company name and commercial protective rights such as patents, utility models, or trademarks, nor is Mentoc obligated to grant such rights.
5.3. Provided the user deposits ideas and suggestions on the Mentocwebsites, Mentoc may use these freely for the development, improvement, and distribution of its services and products.
6. User Obligations
6.1. The user must not, when using the Mentocwebsite:
- violate good manners with their usage behavior;
- infringe industrial property and copyrights or other ownership rights;
- transmit content containing viruses, so-called Trojan horses, or other programming that could damage software;
- enter, store, or send hyperlinks or content which they are not authorized to, particularly if these hyperlinks or contents violate confidentiality obligations or are unlawful; or
- distribute advertising or unsolicited emails (known as "spam") or incorrect warnings about viruses, malfunction, etc., or invite others to participate in competitions, pyramid schemes, chain letters, pyramid games, or similar promotions.
6.2. Mentoc may block access to the Mentocwebsite at any time, especially if the user breaches their obligations under these terms.
7. Hyperlinks
The Mentocwebsite may contain hyperlinks to third-party websites. Mentoc is not responsible for the content of these websites, nor does Mentoc make these websites and their content its own, as Mentoc does not control the linked information and is not responsible for their content and information. Their use is at the user's own risk.
8. Liability for Material and Legal Defects
8.1. If information, software, or documentation is provided free of charge, liability for material and legal defects of the information, software, and documentation, especially for their accuracy, freedom from errors, freedom from third-party protection and copyrights, completeness, and/or usability – except in cases of intent or fraud – is excluded.
8.2. Information on the Mentocwebsite may include specifications or general descriptions of technical possibilities of products, which in individual cases (due to product changes) may not always apply. The desired product features must therefore be agreed upon individually at purchase.
9. Other Liability, Viruses
9.1. The liability of Mentoc for material and legal defects is subject to the provisions in Clause 8 of these terms. Otherwise, any liability of Mentoc is excluded unless liability is mandatory due to the Product Liability Act, intent, gross negligence, due to injury to life, limb or health, due to the assumption of a condition guarantee, due to fraudulent concealment of a defect, or due to the violation of essential contractual obligations. However, damages for breach of essential contractual obligations are limited to typical, foreseeable damage, provided that neither intent nor gross negligence is present.
9.2. Although Mentoc always strives to keep the Mentocwebsite virus-free, Mentoc does not guarantee virus-free conditions. Before downloading information, software, and documentation, the user must ensure for their protection as well as to prevent viruses on the Mentocwebsite by implementing appropriate security measures and scanners.
9.3. A shifting of the burden of proof to the detriment of the user is not associated with the above regulations in Clauses 9.1 and 9.2.
10. Compliance with Export Control
10.1. When passing on information, software, and documentation provided by Mentoc to third parties, the user must comply with the applicable provisions of national and international (re-) export control law. In any case, he must observe the (re-) export control regulations of the Federal Republic of Germany, the European Union, and the United States of America upon such transmission.
10.2. The user must specifically check and ensure through suitable measures that
- they do not contravene an embargo by the European Union, the United States of America, and/or the United Nations due to such transmission to third parties or provision of other economic resources in connection with information, software, and documentation provided by Mentoc;
- such information, software, and documentation provided by Mentoc is not intended for a prohibited or licensing-required military, nuclear, or weapon-related use unless any required licenses are available;
- the provisions of all applicable sanction lists of the European Union and the United States of America concerning business transactions with listed companies, persons, or organizations are observed.
10.3. If necessary for export control checks by authorities or Mentoc, the user must immediately provide Mentoc with all information about the end recipient, the final destination, and the intended use of the information, software, and documentation provided by Mentoc, as well as applicable export restrictions.
10.4. The user fully indemnifies Mentoc against all claims asserted by authorities or other third parties against Mentoc due to non-compliance with the above export control obligations by the user and undertakes to compensate all damages and expenses incurred by Mentoc in this context, unless the user bears no responsibility for the breach of duty. A reversal of the burden of proof is not connected herewith.
10.5. The contractual fulfilment by Mentoc is subject to the proviso that no hindrances exist due to national or international foreign trade requirements and no embargoes and/or other sanctions oppose it.
11. Subsidiary Agreements, Jurisdiction, Applicable Law
11.1. Subsidiary agreements require written form.
11.2. If the user is a merchant pursuant to the Commercial Code, Munich is the place of jurisdiction.
11.3. The individual pages of the Mentocwebsite are operated and managed by SCAILE Technologies UG and/or its subsidiaries. The pages consider the requirements of the country in which the responsible company is headquartered. Mentoc assumes no responsibility for ensuring that information, software, and/or documentation from the Mentocwebsite may also be retrieved or downloaded at locations outside the respective country. If users access the Mentocwebsite from locations outside the respective country, they are solely responsible for complying with applicable national legal provisions. Access to information, software, and/or documentation on the Mentocwebsite from countries where such access is illegal is not permitted. In this case and if the user wishes to establish business relationships with Mentoc, the user should contact Mentoc representatives in the respective country.
11.4. German law applies, excluding the UN Sales Convention.
