AGB - General Terms and Conditions
AGB - General Terms and Conditions
Auctoa, operating in the field of real estate and land valuation, is dedicated to revolutionising property valuation. By utilising state-of-the-art automation and AI-supported human expertise, Auctoa delivers precise, certified, and market-appropriate valuations for real estate investors, banks, real estate agents, developers, and private owners. The unique combination of advanced AI and experienced human assessment allows for the highest precision and speed in determining the true value of real estate. The fully automated valuation platforms, hybrid AI-human assessments, digital market analyses, and comprehensive valuation reports provide a solid 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-appropriate valuations. The offering includes fully automated valuation platforms, hybrid AI-human assessments, digital market analyses, comprehensive valuation reports, and consultancy in the real estate sector. Auctoa supports real estate investors, banks, real estate agents, developers, and private owners in quickly and reliably determining 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 the register number HRB: 191310 (hereinafter referred to as "auctoa" or "operator"), operates the online platform accessible at auctoa (hereinafter referred to as "platform"). "Users" are all persons, whether consumers or entrepreneurs, who wish to use or already use auctoa or users or entrepreneurs who commission auctoa with chargeable offerings, planning services, or construction services via the platform.
These General Terms and Conditions (hereinafter referred to as GTC) apply to all users for the registration on the online platform, for its use, and for all business actions performed between the contractual parties in connection with the use of the platform. They also apply to future contracts unless otherwise expressly agreed or referred to at the time of conclusion of the contract.
With their registration, 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.
The terms of business of the users do not apply, even if the operator does not expressly oppose their validity in individual cases. Even if the operator refers to a letter containing or referring to the terms of business of a user, this does not imply agreement to the validity of those terms of business.
2. Establishment of the User Relationship
2.1. The user relationship between the operator and the user is established with registration or a user’s request on the platform. Registration or enquiry 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 unauthorised access by third parties. If the user wishes to use services such as analysis and proposal preparation 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 telephone number. The registration process can only be successfully completed if the required mandatory information is provided. By confirming the entered data, the user submits an offer to establish a user relationship. The operator accepts the user's offer by sending an email to the user in which the registration is confirmed. The user confirms the receipt of this email.
2.3. Registration for a company may only be carried out by a natural person authorised to represent and named as a contact person for the company. The operator may request proof of identity or authorisation 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, apart from the use of additional (chargeable) services.
3.1. A contract for the use of chargeable services, such as consulting services or project requests, is established through separate registration of the user for the respective service, filling out and submitting the order form, and acceptance of this offer by the operator by sending an electronic order confirmation or implicitly by providing the service. The operator may make the use of chargeable services dependent on a user identity check.
3.2. All offers from auctoa are non-binding and subject to change unless otherwise stated in the specific offer. There is no entitlement to registration or access to the registration-required project space (“My auctoa App”). The operator may at any time set special registration requirements for individual offers.
4. Services
4.1. Analysis and Proposal
4.1.1. auctoa offers the opportunity to conduct an analysis and prepare a proposal on its platform. As part of the analysis, the user provides detailed information based on targeted questions and response options. The auctoa technology analyses the required foundation for a project realisation based on the user information, particularly automated, which costs, efforts, benefits, and project workflows would result from potential projects and realisations. Subsequently, upon completion of the analysis, auctoa makes the automatically calculated result of the project based on the input data available to the user.
4.1.2. The user may only use the result of the analysis, proposal overviews, or project workflows 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 making 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 auctoa
4.2.1. auctoa usually makes an offer to the user after completing the analysis and/or request.
4.2.2. Should the user wish to accept the offer from auctoa, they can do so 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 fulfil its service obligations to the user through a subcontractor.
4.2.5. As part of the consultation, auctoa may mediate additional external service providers to the user who can implement individual or overarching 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 be refunded the amount paid for the service “Funding Service” proportionally. Costs incurred and any payments already made for contracted and provided additional/separate planning services are not covered by the refund. If the funding is not approved because the customer, manufacturer, or service provider does not comply with the funding 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 makes an offer, auctoa reserves the right to provide the user with a list of offers from external service providers/partners who are in a cooperative relationship with auctoa and are qualified to carry out 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. auctoa does not check the accuracy or completeness of the offer information.
4.3.3. If the user chooses a specific external provider, they can schedule a further consultation appointment with the desired external. 4.3.4. auctoa acts purely as an intermediary in the contract initiation and execution between the user and the external party and does not become a party to that contract. A mediation success is not owed. The commission levied by auctoa for mediation is owed partly by the external party and the user. The externals are neither fulfilling nor vicarious agents of auctoa. The fulfilment of the mediated contracts by auctoa is carried out exclusively by the mediated contract partner. The external contract partner is not subject to instructions from auctoa when executing the mediated contracts. auctoa assumes no responsibility for the proper execution of service delivery. Each 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 understood exclusively as descriptions of the nature and do not constitute a guarantee or assurance of a property. They only then represent guarantees or assurances in the legal sense when these are made in writing and expressly designated as such.
5. User Obligations
5.1. The user assures that the data provided during registration, especially regarding one's own person (e.g., real name, company data), is accurate, truthful, and up-to-date. The use of pseudonyms, stage names or misleading information is not permitted. The user will timely and unsolicited inform auctoa about changes to their data (particularly name or ownership changes, change of 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 stored securely so that third parties do not gain knowledge of them. The user must not allow others or third parties to use the platform with their access data. In the event of loss of access data, password, or suspicion of misuse, the user must promptly notify the operator. 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 and have not violated any duty of care.
5.3. Natural or legal persons can be excluded from the approved user group, who offer or mediate such consulting, and/or mediation services, which the operator itself or intends to offer through third parties. In particular, but not exhaustively, these are the areas of activity: planning of project- and construction proposals, project- and construction application, financing of projects and construction proposals, planning consultancy, mediation of special experts and planners, implementation of project- and construction proposals, mediation of contract partners for the implementation of project- and construction proposals. The operator can block user accounts of users who do not or no longer belong to the approved user group when registering or at a later time.
5.4. If the user has concluded a contract with auctoa and/or an external mediated by auctoa for the planning and/or implementation of the project proposal, they are obliged to fulfil their cooperation obligations, to promote the planning and implementation of the proposal through prompt, correct and truthful information, as well as necessary timely appointment arrangements.
5.5. The user indemnifies the operator, its employees and other fulfilment agents from all claims, obligations and expenses that other users or third parties assert against auctoa due to violation of their rights by content entered into the platform by the user or due to any other non-performance use of the platform by the user. The user reimburses auctoa the costs of necessary legal defence (both in court and out of court) including all court and lawyer's fees in statutory height. This does not apply if the user is not responsible for the infringement. The user is obliged, in the event of a claim by third parties, to promptly, truthfully and comprehensively provide all information and materials necessary for reviewing the claims and a defence to the operator. All further rights as well as damage claims of the operator as well as its employees or fulfilment agents remain unaffected.
5.6. If the user culpably violates obligations from the user relationship or legal provisions, the operator is entitled to delete unauthorized content of the user at its discretion, taking into account the legitimate interests of the user, to temporarily or permanently block the user's access to the platform, or to permanently delete the user's profile, without previous notice and without stating reasons and excluding the assertion of compensation claims. There is no entitlement to renewed registration of the user. The right to extraordinary termination of the user relationship according to clause 9 remains unaffected. The initiation of civil and/or criminal steps, in particular the assertion of claims for damages and/or filing of a criminal complaint is expressly reserved.
6. Rights of the Operator
6.1. The user grants auctoa at the time of setting contents on the platform (e.g., text- and graphic data, planning documents) as well as on other protected contents free of charge the non-exclusive, spatially and content unlimited, freely transferable right to use and exploit. The right encompasses all known, as well as such types of use that are not yet known today.
6.2. The granting of rights to contents entered into the user's profile, especially for uploaded photos, graphics, and text and information entered there, is limited in time to the duration of the user relationship. The granting of rights to all other content uploaded by the user, such as posts and comments, sound or image files, is granted indefinitely. These can be anonymised after the end of the user relationship. The operator is not obliged to delete or anonymise contributions that mention the retired user by name, without having been created by them.
6.3. All data generated in connection with services provided by auctoa or its cooperation partners remain the property of auctoa or its cooperation partner, subject to statutory provisions, unless a supplementary written agreement on usage, exploitation and/or ownership rights has been made in individual cases.
6.4. The user irrevocably and free of charge grants auctoa the unrestricted right to use and exploit regarding ideas, requests for service development, feedbacks, recommendations or other information submitted by the user or a third party in connection with the platform, unless the user expressly reserves corresponding rights and this is identifiable for auctoa.
7. Reviews
7.1. They must be objectively written according to the principle of fairness and must not contain any offensive, defamatory, obscene, or sexually-oriented, criminally relevant or otherwise illegal content (e.g. infringe upon the industrial property rights of third parties). Assertions of fact must be truthful. Multiple reviews are not allowed.
7.2. Reviews always constitute statements of the user and not statements by auctoa. auctoa does not adopt these statements as its own and assumes no responsibility for them.
7.3. The user grants auctoa, upon sending or otherwise communicating the review, the unrestricted right of use to their review text free of charge. auctoa 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. Compensation
8.1. Users, external service providers, or cooperation partners who use chargeable services of the platform are obliged to pay the costs incurred for this. The user, external service provider or cooperation partner will be informed about the charges at least before the first-time use of the service. Should an increase in the fee occur during the agreed duration of permanent debt relationships, the fee valid from the time of the increase must be paid. 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 offered payment methods. The operator reserves the right to exclude individual payment methods (e.g., cash payment). Invoices to the user, external service provider or cooperation partner are issued in electronic form (PDF) via the user account or by email, unless otherwise agreed. Invoicing takes place after the creation and sending of all documents in digital form by SCAILE UG. Invoiced amounts are due upon invoicing and payable within 7 calendar days to an account specified by auctoa. After this period expires, the user, external service provider or cooperation partner is in default. The user must make reservations against the amount invoiced regularly within one month after receiving the contested invoice or after debiting the disputed costs in writing. The claim for reimbursement expires after this period.
8.3. auctoa is entitled to request an appropriate down payment from the user, external service provider or cooperation partner before the service is rendered.
8.4. For additional, change, or repeat services, the contract partners agree on an additional fee of €130/hour plus statutory VAT.
8.5. If it turns out during the planning and/or implementation of the project proposal that the scope of services substantially exceeds the originally calculated scope of services, especially change services where auctoa practically has to start planning anew and a new intellectual service must be rendered not already required for the proper fulfilment of service obligations, auctoa is entitled to an additional fee.
8.6. Compensation for externals is handled directly with those involved. auctoa is neither responsible for collecting nor for receiving any compensation for externals.
9. Contract Duration, Premature Termination of the Contract, 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 with immediate effect. The right of the parties to terminate the contractual relationship through extraordinary termination for good cause remains unaffected. There is a significant cause in particular if the continuation of the user relationship, taking into account All circumstances of the individual case and weighing the mutual interests, is not reasonable for the terminating party until the end of the contract term. A right to extraordinary termination, without the need for a prior warning, exists, in particular, if the user violates the obligations according to number 4.
9.1.3 The termination of the user contract leaves any contracts concluded between the user and auctoa or contractual relationships mediated by auctoa between the user and externals unaffected.
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 information stored there (e.g., personal messages, profile information, image file) will be deleted, as far and as long as the operator is not legally obligated to store this data. Data collected in connection with already provided chargeable or non-chargeable services of the operator or its cooperation partners will only be deleted after the statutory limitation periods have expired. The user has no claim to the publication or any other surrender of content they have contributed.
9.2. Premature Termination of the Contract
9.2.1. If the user, external service provider or cooperation partner terminates the contract, auctoa receives the agreed compensation for the services commissioned up to that point, offset against what auctoa saves in terms of expenses due to the termination of the contract or acquires or maliciously refrains from acquiring it through other use of the workforce.
9.2.2. If no suitable on-site appointment is found within 180 days of contract conclusion, although auctoa, external service provider or cooperation partner has offered possible appointments, 60% of the agreed fee must be paid.
9.2.3. A significant reason for termination exists for the user in particular if
– due to circumstances occurring after the conclusion of the contract, the trust relationship between the parties is severely disturbed, or other circumstances exist that make it unreasonable for the user to stick to the contract;
– auctoa has ceased payments, has applied for insolvency proceedings over tis assets, or the performance capability of auctoa is so impaired for other reasons that there is no longer any confidence in its ability to fulfil the contract as agreed.
9.2.4. A major reason for termination by auctoa exists in particular if
– the user fails to perform an obligation owed to them and, as a result, auctoa is significantly prevented from executing its service in accordance with the contract;
— the user is in default with payment due or in another way with a significant contractual obligation;
– the relationship of trust between the parties is so severely disturbed due to other reasons that have arisen after the conclusion of the contract that auctoa cannot reasonably be expected to adhere to the contract;
– auctoa and/or the user are prevented from continuing the project processing/realization for a period of more than two months due to unforeseeable circumstances (force majeure) (this includes, for example, the (non-)availability of one or more of the public-law permits required for the project, a court prohibition of the continuation of the 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, external service provider or cooperation partner only has a claim to compensation for the services provided up to the termination that are defect-free, usable and in themselves completed (§ 648a BGB).
9.3. Withdrawal
9.3.1. auctoa has the right to withdraw from the contract with the user, external service provider or cooperation partner if
– circumstances that were unforeseeable at the time of conclusion of the contract or that occurred between the conclusion of the contract and performance justify the withdrawal, taking into account auctoa's legitimate interest, e.g., force majeure, Corona pandemic, payment default, insufficient performance, strike and natural disasters.
– auctoa unexpectedly does not have sufficient capacities for the fulfillment of the contractual services or the agreed dates. In this case, auctoa must inform the user immediately and refund any payments already made by the user.
10. Acceptance
For staggered commissioning, auctoa is entitled to a formal acceptance after the completion of each commissioning stage. If auctoa is commissioned with the services of further commissioning stages, the acceptance of the preceding commissioning stage is considered as partial acceptance. Furthermore, the contractor has a legal claim according to § 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 damage claims of the user are based on the statutory provisions.
11.2. auctoa assumes no liability for the content-related accuracy, topicality and completeness of the content (of the website, platform, offers, project processes) provided by the user. As far as external service providers, cooperation partners, and/or special experts were or will be consulted to supplement auctoa's services, auctoa is not responsible for their services.
11.3. auctoa is not liable for the service provision or damages incurred in the relationship between user and external in contracts mediated by auctoa.
11.4. auctoa endeavors to offer a disruption-free operation of the platform permanently. This is naturally limited to services that auctoa can influence. The user, external service provider or cooperation partner acknowledges that a complete seamless availability of the platform is technically not feasible. auctoa reserves the right, at its discretion, to restrict access to the platform, in whole or in part, temporarily or permanently, for maintenance work, capacity concerns, and due to other events.
11.5. auctoa and its legal representatives and agents are liable without limitation
- for intent and gross negligence,
- for the assumption of a guarantee,
- for damages resulting from injury to life, body and health.
For other damages (material and financial damages), auctoa's liability for defect and legal defects for free services, in particular the provision of information or documents, is excluded. auctoa is not liable for completeness, suitability for a specific purpose, topicality and correctness of research results, automated processes or other information.
11.6. The disclaimers or limitations of liability also apply in favor of the operator’s legal representatives and agents if claims are made directly against them and accordingly for claims against associated companies and cooperation partners of auctoa as well as their legal representatives and other agents.
11.7. The regulations of the Product Liability Act remain unaffected.
12. Assignment and Set-off
The user may only assign claims with the prior written consent of the operator. The right to offset is only available to the user if 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 cooperation partner concludes the contract with auctoa for a purpose that cannot be attributed to their trade or 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 of the conclusion of the contract. It does not start to run until 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 a clear statement (e.g., a letter, fax or e-mail) about your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires. You can use the sample withdrawal form [LINK] for this, but it is not obligatory.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all payments we have received from you without delay. You must return to us all services you have received from us up to withdrawal. If it is impossible by nature to return a service, if used materials, products cannot be removed without destruction, or services cannot be reversed without effort/cost, you must pay compensation for value.
Special Note on the Premature 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 performance has begun only after the consumer has given their express consent and at the same time confirmed their knowledge that they lose their right of withdrawal with full performance of the contract by the entrepreneur.
14. Data Protection
14.1. The data protection declaration of auctoa, which is made available to the user in text form in the event of registration and which can be accessed at any time in its current version, applies to data protection.
14.2. Before conducting analysis and proposal preparation, the user gives their consent that auctoa may fully use the data transmitted by them, especially to propose offers to the user, including from externals, or to use the data in other ways, such as by transmitting it to third parties, such as advertising partners.
15. Alternative Dispute Resolution
15.1. auctoa does not participate in any dispute settlement scheme and is also not obliged to do so.
15.2. The European Commission provides a platform for online dispute resolution, which can be found at. auctoa is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not volunteer to do so.
16. Final Provisions
16.1. Changes or additions to these terms and conditions must be in text form to be effective. auctoa reserves the right to change the terms and conditions with effect for the future at any time. auctoa will notify the user, external service provider or cooperation 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; auctoa will point this out in the change notices.
16.2. The law of the Federal Republic of Germany applies.
16.3. In business transactions with traders operating a commercial business or with such natural or legal persons who are equated with such traders by registration in the commercial register or by law, the place of jurisdiction for disputes arising from this contract, regardless of the legal reason, is Hamburg.
16.4. If agreements made in this contract lack legal effectiveness or are not implemented, this does not affect the validity of the remaining contract content. Instead of the invalid or ineffective condition, one that comes closest to the intentions of the contract partners shall apply.
As of September 2024
