AGB - General Terms and Conditions
AGB - Terms and Conditions
Auctoa, engaged in the field of real estate and property valuation, is dedicated to revolutionising property appraisal. By deploying cutting-edge automation and AI-supported human expertise, Auctoa delivers precise, certified, and market-aligned valuations for real estate investors, banks, estate agents, developers, and private owners. The unique combination of advanced AI and seasoned human assessment ensures the highest accuracy and speed in determining the true property value. The fully automated valuation platforms, hybrid AI-human appraisals, digital market analyses, and comprehensive valuation reports provide a sound basis for decisions in the real estate sector.
By using the platform on the website, Auctoa offers revolutionary solutions for real estate and land valuation. Auctoa combines state-of-the-art automation and AI-supported expertise to deliver precise, certified, and market-compliant valuations. The offering includes fully automated valuation platforms, hybrid AI-human appraisals, digital market analyses, comprehensive valuation reports, and consultancy in the real estate sector. Auctoa assists real estate investors, banks, estate agents, developers, and private owners to quickly and reliably ascertain the true value of properties and land.
1. Definitions and Scope
SCAILE Technologies GmbH, Jungfrauenthal 8, 20149 Hamburg, registered with the Hamburg District Court under registration number HRB: 191310 (hereinafter referred to as “auctoa” or “operator”), is the operator of the auctoa online platform (hereinafter referred to as “platform”). “Users” are all persons, whether consumers or entrepreneurs, who wish to use or are already using auctoa or users or entrepreneurs who commission auctoa with chargeable offers, 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 business transactions conducted between the contracting parties under the use of the platform. They also apply to future contracts unless something else is expressly agreed upon or referred to upon conclusion of the contract.
By registering, the user confirms the inclusion of these GTC, which can be accessed at any time via the link. The contract text is not stored by auctoa. The contract language is German.
Terms and conditions of the users do not apply, even if the operator does not expressly object to their validity in individual cases. Even if the operator refers to a letter that contains terms and conditions of a user or refers to such, this does not imply agreement 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 is established upon registration or a request by the user on the platform. Registration or a request is not required for read-only 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 against 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 data in 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 data entered, the user submits 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. With the receipt of this email by the user, the user relationship is considered established. The receipt of this email is confirmed by the user.
2.3. Registration for a company may only be made by a natural person who is authorized to represent and named as a contact person for the company. The operator may request proof of identity or authorization at any time.
2.4. The conclusion of the user contract and registration within the framework of the (automated) current state analysis and the non-binding consultation have no payment or other obligations for the user without utilizing further (chargeable) services.
3.1. A contract for the use of chargeable services, e.g., consultancy services or project inquiries, is formed by 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 the transmission of an electronic order confirmation or implicitly by providing the service. The operator may require identity verification of the user for the use of chargeable services.
3.2. All offers by auctoa are non-binding and without obligation, unless otherwise stated in the particular offer. There is no entitlement to registration or permission to access the registration-required project space (“My auctoa App”). The operator may impose special registration requirements for individual offers at any time.
4. Services
4.1. Analysis and Offer
4.1.1. Auctoa offers the opportunity to conduct an analysis and create an offer on its platform. During the analysis, the user provides further information based on targeted questions and answer options. The auctoa technology analyzes the necessary prerequisites for project realization based on user input, particularly automating which costs, efforts, benefits, and project processes would result from potential projects and implementations. Subsequently, auctoa provides the user with the result of the project automatically calculated 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 their own information or to commission auctoa or an external service provider/contractors mediated by auctoa with the planning and implementation of the planned project. Disclosure or increasing the knowledge of other third parties is prohibited.
4.1.3. Reference is expressly made to the limitation of liability in Section 11.5.
4.2. Planning and Implementation of the Project by auctoa
4.2.1. After the completion of the analysis and/or the user’s request, auctoa usually submits an offer to the user.
4.2.2. If the user wishes to accept the offer from auctoa, they can declare this by sending a binding order email or digitally signing the offer.
4.2.3. Billing is done via auctoa.
4.2.4. Auctoa reserves the right to have its service obligations towards the user carried out by a subcontractor.
4.2.5. In the context of consultancy, auctoa mediates additional external service providers to the user, if necessary, who can implement individual or overarching measures. The provisions below apply to the contractual relationship between the user and the external party (Section 4.3).
4.2.6. If a grant application is not approved, the amount paid for the “grant service” will be partially reimbursed to the customer. Costs incurred and any already paid amounts for commissioned and provided additional/special planning services are not covered by the reimbursement. If the grant is not approved because the customer, manufacturer, or service provider does not meet the grant criteria during implementation, the claim for reimbursement lapses.
4.3. Implementation by External Service Providers
4.3.1. For planning services and/or the implementation of project proposals for which auctoa submits an offer, auctoa reserves the right to also provide the user with a list of offers from external service providers/partners who are in a cooperative relationship with auctoa and who are suitable to implement the planned project proposal (hereinafter referred to as “externals”).
4.3.2. The offers published on the platform are published in the name of the respective external party. Auctoa 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 arrange a further consultation appointment with the desired external party. 4.3.4. Auctoa acts as a pure intermediary within the framework of the initiation and execution of contracts between the user and the external party and does not become a party to that contract. A mediation success is not owed. The commission charged by auctoa for mediation is owed proportionately by the external and the user. The externals are neither fulfillment nor vicarious agents of auctoa. The performance of the contracts mediated by auctoa is carried out exclusively by the mediated contractual partner. The external contractual partner is not subject to any instructions from auctoa during the implementation of the mediated contracts. Auctoa assumes no responsibility for the proper performance of the services. Every external is independent of auctoa and acts on their own account.
4.3.5. Statements and explanations about the platform in advertising materials and on the auctoa website are to be understood solely as descriptions of the condition and not as guarantees or assurances of a property. They only represent 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, especially concerning their 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 auctoa in a timely and unsolicited manner about changes to their data (especially name or owner changes, change of legal form and address) at least in text form (email) and will update them on the platform.
5.2. The user is obligated to keep access data and passwords secret and stored securely so that third parties cannot gain knowledge of them. They may not enable the use of the platform to other users or third parties with their access data. In case of loss of access data, password, or suspicion of misuse, the user must inform the operator immediately. The user is liable for all activities carried out using 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. From the approved user circle, natural or legal persons may be excluded who offer or mediate such consultancy or mediation services that the operator itself or through third parties already offers or intends to offer. In particular, but not limited to, these activity areas: planning of project and building projects, project and building application submission, financing of projects and building projects, planning consultancy, mediation of special experts and planners, implementation of projects and building projects, mediation of contractual partners for the implementation of projects and building projects. The operator may block user accounts of users who do not or no longer belong to the approved user circle at registration or a later date.
5.4. If the user has concluded a contract with auctoa and/or an external mediated by auctoa about the planning and/or implementation of the project, they are obligated to fulfill their cooperation obligations, in particular to promote the planning and implementation of the project by providing prompt, correct, and truthful information as well as by necessary timely arrangements for appointments.
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 auctoa due to the violation of their rights through content posted by the user on the platform or due to otherwise unlawful use of the platform by the user. The user reimburses auctoa for the costs of necessary legal defense (both in court and out of court), including all court and attorney fees at the statutory rate. This does not apply if the user is not responsible for the infringement. In the event of a claim by third parties, the user is obliged to provide the operator with all information truthfully and fully and to provide materials that are necessary for examining the claims and a defense immediately.
5.6. If the user culpably violates obligations from the user relationship or legal regulations, the operator is entitled, at its own reasonable discretion, considering the legitimate interests of the user, to delete unauthorized content of the user without notice and without giving reasons, to temporarily or permanently block the user’s access to the platform or to permanently delete the user’s profile without the right to assert claims for damages. There is no entitlement to a renewed registration of the user. The right to extraordinary termination of the user relationship in accordance with Clause 9 remains unaffected. The initiation of civil and/or criminal proceedings, in particular, the assertion of claims for damages and/or the filing of a criminal complaint, remains expressly reserved.
6. Operator Rights
6.1. The user grants auctoa the non-exclusive, geographically and content-wise unrestricted, freely transferable right to use and exploit any content they post on the platform (e.g., text and graphic data, plan documents) as well as other protected content at the time of posting free of charge. The right includes all known and such forms of use not yet known today.
6.2. The granting of rights to content posted in the user’s profile, particularly to photos, graphics, and texts and information posted there, is time-limited to the duration of the user relationship. The granting of rights to all other content posted by the user, such as contributions and comments, sound or image files, is unlimited in time. They can be anonymized after the end of the user relationship. The operator is not obliged to delete or anonymize contributions that mention the resigned user by name, without being created by them.
6.3. All data associated with services provided by auctoa or its partner remain, under the legal provisions, the property of auctoa or its partner unless a supplementary written agreement is reached in individual cases regarding usage, exploitation, and/or ownership rights.
6.4. The user irrevocably and free of charge grants auctoa the unrestricted right to use and exploit ideas, service improvement requests, feedbacks, recommendations, or other information provided by the user or third parties in connection with the platform, unless the user expressly reserves corresponding rights, and this is recognizable by auctoa.
7. Reviews
7.1. They must be written objectively in accordance with the principle of fairness and must not contain any insulting, defamatory, suggestive, or sexually-oriented, criminally relevant, or otherwise unlawful content (e.g., infringe on third-party industrial property rights). Factual claims must be truthful. Multiple reviews are not allowed.
7.2. Reviews always reflect the user's statements and not those of auctoa. Auctoa does not make these statements its own and assumes no responsibility for them.
7.3. By submitting or otherwise communicating the review, the user grants auctoa the spatially and temporally unlimited right to use their review text free of charge. Auctoa is entitled to freely dispose of the review and, in particular, to process and use it for further review services, pass it on to third parties, and publish it.
8. Remuneration
8.1. If the user, external service provider, or partner uses chargeable services of the platform, they are obliged to pay the associated costs. The user, external service provider, or partner will be informed about the cost obligation before the initial use of the service at the latest. If there is an increase in the fee during the term of ongoing obligations, the fee valid from the time of the increase must be paid. If the user, external service provider, or partner has made advance payments, the fee cannot be increased for the advance payment period.
8.2. Payment is made via the offered payment methods. The operator reserves the right to exclude individual payment methods (e.g. cash payment). Billing to the user, external service provider, or partner is done electronically (pdf) via the user account or by email, unless otherwise agreed. Billing takes place after the creation and dispatch of all documents in digital form by SCAILE UG. Invoice amounts are due upon invoicing and payable within 7 calendar days to an account specified by auctoa. After this period, the user, external service provider, or partner is in default. The user must regularly raise objections to the amount invoiced within one month after receipt of the challenged invoice or after the deduction of the challenged costs in writing. The claim for reimbursement expires after this period.
8.3. Auctoa is entitled to require a reasonable down payment from the user, external service provider, or partner prior to the provision of services.
8.4. For additional, change, or repeat services, the parties agree on an additional fee of €130/hour plus statutory VAT.
8.5. If it becomes apparent during the planning and/or implementation of the project that the scope of work significantly exceeds the originally calculated scope of work, especially change services for which Auctoa has to practically start planning anew and perform a new intellectual service not originally included to properly fulfill the service obligations, Auctoa is entitled to an additional fee.
8.6. Payments for externals are processed directly with them. Auctoa is neither responsible for the collection nor the receipt of any compensations for externals.
9. Contract Duration, Early Termination, Withdrawal
9.1. User Contract/Contract Duration
9.1.1. The user contract for using the platform begins with the user’s first registration on the auctoa platform and is concluded for an indefinite period.
9.1.2. The user contract can be terminated at any time without giving reasons and with immediate effect. This does not affect the right of the parties to terminate the contract through extraordinary termination for good cause. A good cause exists in particular if the continuing user relationship is unreasonable for the terminating party after considering all the circumstances of the individual case and weighing the mutual interests until the end of the contract term. A right to extraordinary termination without a prior warning exists, especially if the user breaches the obligations under Section 4.
9.1.3 The termination of the user contract does not affect any contracts concluded between the user and auctoa or mediated contractual relationships between the user and externals.
9.1.4. Terminations must be in text form.
9.1.5. Upon termination of the user relationship, the user’s account and profile, including all stored information (e.g., personal messages, profile information, image file), will be deleted, unless and as long as the operator is legally obliged to store this data. Data collected in connection with services already rendered free of charge or chargeable by the operator or its partners will only be deleted after the expiration of statutory limitation periods. The user has no claim to the release or other transfer of content posted by them.
9.2. Early Termination of the Contract
9.2.1. If the user, external service provider, or partner terminates the contract, auctoa receives the agreed remuneration for the services ordered up to that point, less any expenses saved or earnings obtained or negligently omitted by auctoa as a result of contract termination.
9.2.2. If no suitable on-site appointment is found within 180 days after contract conclusion, although auctoa, the external service provider, or partner has offered possible dates, 60% of the agreed fee is due.
9.2.3. An important reason for termination for the user exists especially when:
– The trust relationship between the parties has been significantly disrupted due to circumstances that arose after the contract was concluded, or other circumstances exist that make it unreasonable for the user to adhere to the contract;
– Auctoa has ceased its payments, applied for the opening of insolvency proceedings over its assets, or its financial capacity is impaired for other reasons such that trust in its ability to fulfill its contractual obligations no longer exists.
9.2.4. An important reason for termination by auctoa exists, particularly when:
– The user omits a service it owes and thereby significantly hinders auctoa from performing its services in a contractually compliant manner;
– The user is in default with a due payment or otherwise in breach of a significant contractual obligation;
– The trust relationship between the parties is so significantly disrupted due to other reasons that arose after the conclusion of the contract, that auctoa can no longer be expected to adhere to the contract;
– Auctoa and/or the user are prevented from continuing project processing/ realization for more than two months due to unforeseen circumstances (force majeure), including not (anymore) having one or more public-law permits required for the project, a court order prohibiting continuation of work, etc.
9.2.5. Terminations must be in writing.
9.2.6. If this contract is terminated by the user for good cause, auctoa, the external service provider, or partner is entitled to remuneration only for the services provided that are free of defects, usable, and complete up to the point of termination (§ 648a BGB).
9.3. Withdrawal
9.3.1. Auctoa has the right to withdraw from the contract with the user, external service provider, or partner if:
– Circumstances that were not recognizable at the time of contract conclusion or occur between contract conclusion and fulfillment justify a withdrawal considering auctoa's legitimate interest, e.g., force majeure, COVID-19 pandemic, payment default, inadequate services, strikes, and natural disasters.
– Auctoa unexpectedly has insufficient capacity for fulfilling contractual services or agreed dates. In this case, auctoa must promptly inform the user and reimburse any received user payments.
10. Acceptance
For staged commissioning, auctoa has the right to formal acceptance after completion of each commissioning stage. If auctoa is commissioned with the services of further commissioning stages, the acceptance of the preceding commissioning stage is deemed a partial acceptance. Furthermore, the contractor is entitled to the statutory claim under § 650s BGB for formal partial acceptance after acceptance of the last service to be provided for the project.
11. Warranty and Liability
11.1. Warranty and damages claims of the user are governed by the statutory provisions.
11.2. Auctoa assumes no liability for the content accuracy, timeliness, and completeness of content (website, platform, offers, project processes) provided by the user. Insofar as external service providers, partners, and/or specialists were or are involved in supplementing auctoa’s services, auctoa is not responsible for their services.
11.3. Auctoa is not liable for the performance of contracts mediated between the user and an external (external service providers or partners) or damages occurring in the user-external relationship.
11.4. Auctoa strives to permanently offer an uninterrupted platform operation. Naturally, this is limited to services over which auctoa has influence. The user, external service provider, or partner acknowledges that a complete gapless availability of the platform is technically not achievable. Auctoa reserves the right to restrict access to the platform at its discretion, especially due to maintenance work, capacity concerns, and due to other events, completely or partially, temporarily, or permanently.
11.5. Auctoa and its legal representatives and vicarious agents are liable without limitation
– For intent and gross negligence,
– In the event of assumption of a guarantee,
– For damages from injury to life, body, and health.
For other damages (material and financial damages) in the case of gratuitous services, especially the provision of information or documents, the liability of the operator for defects in materials and title of the same is excluded. The operator is not liable for completeness, suitability for a particular purpose, timeliness, and accuracy of research results, automated processes, or other information.
11.6. The liability exclusions or limitations also apply to the benefit of the legal representatives and vicarious agents of the operator if claims are made directly against them and accordingly for claims against companies affiliated with auctoa and its partners as well as their legal representatives and other vicarious 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 prior written consent from the operator. The user is entitled to set-off rights only insofar as their counterclaim has been legally established or is undisputed. The right of retention, in particular the defense of non-performance of the contract, remains unaffected.
13. Right of Withdrawal
If the user, external service provider, or partner concludes the contract with auctoa for a purpose not attributable to their commercial or 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 date of the contract conclusion. It does not begin before you have received this instruction in text form.
To exercise your right of withdrawal, you must inform us
**SCAILE Technologies GmbH, auctoa**
Jungfrauenthal 8
20149 Hamburg
Email address: info@auctoa.de
by means of an unequivocal statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires. You can use the model withdrawal form [LINK] but it is not obligatory.
**Consequences of Withdrawal**
If you withdraw from this contract, we shall reimburse you all payments received from you without undue delay. You must return all services you have received from us up to the withdrawal. If the return of certain services is by nature impossible, such as used materials, products that cannot be removed without destruction, or services that cannot be undone without effort/cost, you must pay compensation for them.
**Special note on early expiry of the right of withdrawal**
The right of withdrawal expires in a contract for the provision of services if the service has been fully performed, and with the performance starting only after the consumer has given their explicit consent and has simultaneously confirmed that they lose their right of withdrawal upon complete fulfillment of the contract by the entrepreneur.
14. Data Protection
14.1. The data protection policy of auctoa applies, which is made available to the user in text form in the event of registration and is accessible in its current form at any time.
14.2. The user gives their consent before carrying out the analysis and offer creation that auctoa can fully use the data provided by them, particularly to suggest offers, including from external parties, or to use the data otherwise, such as by forwarding it to third parties like advertising partners.
15. Alternative Dispute Resolution
15.1. Auctoa does not participate in any dispute resolution procedure and is also not obliged to do so.
15.2. The European Commission provides a platform for online dispute resolution, available at. Auctoa is not obliged to participate in dispute resolution procedures before a consumer arbitration body and does not voluntarily do so.
16. Final Provisions
16.1. Amendments or additions to these terms and conditions require text form to be effective. Auctoa reserves the right to change the terms and conditions at any time with effect for the future. Auctoa will inform the user, external service provider, or partner of changes to these terms and conditions in advance at least in text form. If the user does not object to the change within at least 4 weeks after notification of the change in text form (e.g., by email), this is considered consent to the change; this will be pointed out in the change notifications.
16.2. The law of the Federal Republic of Germany applies.
16.3. For commercial transactions with merchants operating a commercial enterprise, or with natural or legal persons equal to such merchants by registration in the commercial register or by law, the jurisdiction for disputes arising from this contract, regardless of the legal reason, is Hamburg.
16.4. Should agreements made in this contract be wholly or partially invalid or unenforceable, the validity of the remaining contract content shall not be affected. In place of the invalid or unenforceable condition, a condition that comes closest to the intent of the contractual partners shall apply.
**As of September 2024**
