Terms of Use1
1. Scope
1.1. Utilisation of these websites provided by SCAILE Technologies GmbH and/or its subsidiaries and sub-brands ("Mentoc") is permitted solely based on these terms. These General Terms of Use may be supplemented, modified, or replaced in individual cases by additional terms, e.g. for the purchase of products and/or services. By logging in or, if no separate login is required, by beginning to use the site, you accept the validity of these terms of use in their respective version.
1.2. If the user uses the Mentoc website as or for a company, i.e. in the exercise of a commercial or independent professional activity, or for a public corporation, § 312i paragraph 1 sentence 1 nos. 1 - 3 of the German Civil Code does not apply.
1.3. For web services aimed at companies or public corporations, the respective company or corporation is represented by the user, who must account for the user's actions and knowledge.
2. Services
2.1. Mentoc provides certain information and software on the Mentoc website, possibly including documentation, for retrieval or download.
2.2. Mentoc is entitled to discontinue the operation of the Mentoc website wholly or in part at any time. Due to the nature of the Internet and computer systems, Mentoc does not assume any responsibility for the uninterrupted availability of the Mentoc website.
3. Registration, Password
3.1. Some pages of the Mentoc website may be password protected. Access to these pages is possible only for registered users, in the interests of business transaction security. There is no entitlement to registration by Mentoc. Mentoc reserves the right, in particular, to make previously freely accessible pages subject to registration requirements. Mentoc is entitled at any time to revoke access authorization by blocking access data without being required to state any reasons, especially if the user:
- provided false information for registration,
- violated these terms or due diligence obligations when handling access data,
- violated applicable law in accessing or using the Mentoc website, or
- has not used the Mentoc website over an extended period.
3.2. If registration is provided for, the user is obliged to supply truthful information for registration and to notify Mentoc immediately (as provided: online) of any subsequent changes. The user must ensure that they receive the emails sent to the email address they have provided.
3.3. Upon successful registration, the user receives a username and password (hereinafter also: "User Data"). Upon first access, the user shall change the password provided by Mentoc into one known only to them. The User Data enables the user to view, change, or, if applicable, revoke or expand given consent to data processing.
3.4. The user ensures that User Data does not become accessible to third parties and is liable for orders and other activities carried out under User Data. After each use, the password-protected area is to be left. If the user learns that third parties are misusing User Data, the user is obliged to inform Mentoc immediately in writing, possibly in advance by simple email.
3.5. Upon receipt of the communication specified in section 3.4, Mentoc will block access to the password-protected area with these User Data. The lock can only be lifted after an application by the user to Mentoc or after new registration.
3.6. The user may request the deletion of their registration at any time in writing, provided that the fulfillment of current contractual relationships does not prevent such deletion. Mentoc will delete all User Data and any other stored personal data of the user as soon as it is no longer needed.
4. Usage Rights to Information, Software, and Documentation
4.1. The usage of the information, software, and documentation provided on the Mentoc website is subject to these conditions or, in the case of updates of information, software, or documentation, to the previously agreed and relevant license terms with Mentoc. Specifically agreed license terms, e.g. when downloading software, take precedence over these terms and conditions.
4.2. Mentoc grants the user a non-exclusive and non-transferable right to use the information, software, and documentation provided on the Mentoc website to the extent agreed or, if nothing is agreed, as intended by Mentoc in providing and making it available.
4.3. Software is provided free of charge in machine-readable form. There is no entitlement to the release of the source code. Exceptions are source codes of Open Source Software, whose license terms, taking precedence over these terms and conditions, require the release of the source code. In this case, Mentoc will provide the source code against reimbursement of costs.
4.4. At no time may the user distribute, rent, or otherwise make available information, software, or documentation to third parties. Unless mandatory legal provisions permit otherwise, the user may not change, reverse-engineer, or translate the software or its documentation, nor may the user remove any parts. The user may create a backup copy of the software if this copy is necessary for securing future use based on these terms of use.
4.5. The information, software, and documentation are protected by copyright laws and international copyright treaties, as well as other intellectual property legislation and agreements. The user must observe these rights, particularly by not removing alpha-numeric identifiers, trademarks, and 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 in section 4 of these terms, information, brand names, and other content from the Mentoc website may not be altered, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without the prior written consent of Mentoc.
5.2. Outside the use rights explicitly granted herein or other rights, the user is not granted any additional rights of any kind, particularly concerning the company name or industrial property rights such as patents, utility models, or trademarks, nor is Mentoc obliged to grant such rights.
5.3. If the user deposits ideas and suggestions on the Mentoc websites, Mentoc may use them free of charge for the development, improvement, and distribution of the services and products from its portfolio.
6. User Obligations
6.1. In using the Mentoc website, the user may not:
- violate accepted moral standards through their usage behavior;
- infringe industrial property or copyright rights or other property rights;
- transmit content with viruses, so-called Trojan horses, or other programming that could damage software;
- enter, store, or send hyperlinks or content to which they are not authorized, particularly if these hyperlink or content violates confidentiality obligations or are unlawful; or
- distribute advertising or unsolicited emails (socalled "Spam") or provide incorrect warnings of viruses, malfunctions, and the like, or invite participation in lotteries, snowball schemes, chain letters, pyramid schemes, and similar actions.
6.2. Mentoc may block access to the Mentoc website at any time, particularly if the user breaches their obligations under these terms and conditions.
7. Hyperlinks
The Mentoc website may contain hyperlinks to third-party websites. Mentoc assumes no responsibility for the content of these websites, nor does Mentoc adopt these websites and their content as its own, because Mentoc does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.
8. Liability for Defects in Title and Quality
8.1. Insofar as information, software, or documentation is provided free of charge, any liability for defects in title and quality of the information, software, and documentation, particularly for their accuracy, absence of errors, absence of third-party property rights or copyrights, completeness, and/or usability – except in cases of intent or fraud – is excluded.
8.2. The information on the Mentoc website may contain specifications or general descriptions of technical possibilities of products, which may not always apply in every case (e.g. due to product changes). The desired performance characteristics of the products must therefore be individually agreed upon at purchase.
9. Other Liability, Viruses
9.1. Mentoc's liability for defects in title and quality is determined by the provisions in section 8 of these terms of use. Otherwise, all liability of Mentoc is excluded, unless e.g. under the Product Liability Act, in cases of intent, gross negligence, due to injury to life, body, or health, due to the assumption of a quality guarantee, due to fraudulent concealment of a defect, or due to breach of essential contractual obligations, liability is mandatory. Damage claims for breach of essential contractual obligations are, however, limited to the foreseeable damage typical for the contract, provided that there is no intent or gross negligence.
9.2. Although Mentoc makes every effort to keep the Mentoc website virus-free, Mentoc does not guarantee that it is virus-free. Before downloading information, software, and documentation, the user will, for their protection and to prevent viruses on the Mentoc website, provide appropriate security measures and a virus scanner.
9.3. A change in the burden of proof to the disadvantage of the user is not associated with the foregoing regulations in sections 9.1 and 9.2.
10. Compliance with Export Controls
10.1. The user will comply with the applicable national and international (re-) export control regulations when passing on the information, software, and documentation provided by Mentoc to third parties. In any case, the user must observe the (re-) export control regulations of the Federal Republic of Germany, the European Union, and the United States of America when such information is passed on.
10.2. The user will, before such a transfer in particular, check and ensure through appropriate measures that
- by such transfer to third parties, or by providing other economic resources in connection with the information, software, and documentation provided by Mentoc, they do not violate an embargo of the European Union, the United States of America, and/or the United Nations - also considering any restrictions on domestic transactions and any prohibition on bypassing these;
- such information, software, and documentation provided by Mentoc are not intended for prohibited or license-requiring arms-related, nuclear or weapons-related purposes unless the necessary approvals are present;
- the rules of all relevant sanction lists of the European Union and the United States of America regarding business transactions with companies, persons, or organizations listed therein are respected.
10.3. If export control checks by authorities or Mentoc require this, the user will, upon request, promptly provide Mentoc with all information about the end recipient, end destination, and intended use of the information, software, and documentation provided by Mentoc, as well as applicable export control restrictions in this regard.
10.4. The user fully indemnifies Mentoc from all claims made against Mentoc by authorities or other third parties due to the user's non-compliance with the above export control obligations and commits to reimbursing all damages and expenses incurred by Mentoc in this regard, unless the user is not responsible for the breach of duty. A reversal of the burden of proof is not associated with this.
10.5. Performance of the contract by Mentoc is subject to the condition that there are no obstacles arising from national or international foreign trade regulations, as well as no embargoes and/or other sanctions.
11. Side Agreements, Jurisdiction, Applicable Law
11.1. Side agreements require the written form.
11.2. If the user is a merchant as defined by the German Commercial Code, the place of jurisdiction is Hamburg.
11.3. The individual pages of the Mentoc website are operated and managed by SCAILE Technologies GmbH and/or its subsidiaries. These pages take into account the requirements of the country in which the responsible company is domiciled. Mentoc assumes no responsibility for ensuring that information, software, and/or documentation from the Mentoc website may also be retrieved or downloaded at places outside the country concerned. If users access the Mentoc website from outside the respective country, they are solely responsible for complying with the relevant national legal regulations. Access to information, software, and/or documentation on the Mentoc website from countries where such access is illegal is not allowed. In such cases and if the user wishes to enter into business relations with Mentoc, the user should contact the representatives of Mentoc in the respective country.
11.4. German law applies to the exclusion of UN sales law.
