Terms of service

Terms and Conditions

Stand: 08. April 2025

1. Object of the Contract

(1) The Mentory App is a mentoring matching platform of Mentory GmbH, Auf der Beune 32, 64839 Münster (Hessen) (hereinafter referred to as “Mentory”). The Mentory App can be used as a mobile app for iOS and Android devices (hereinafter “mobile app”) or via the website https://web.mentory.app/ (hereinafter “web app”) and includes both free and paid services. The aim of the Mentory App is to find the right mentor for the mentee (hereinafter collectively referred to as the “User”).

(2) These Terms of Use apply between Mentory and all users who are at least 16 years old and have accepted the Terms of Use. Users under the age of 16 are prohibited from using the Mentory app.

(3) Mentees can select a goal via the mentoring app. Possible goals include finding a new job or course of study, becoming self-employed, improving academic performance or general career or study advice. Mentees can also search for mentors directly via the Mentory App. If mentees find a suitable mentor, they can submit a networking request. These terms of use expressly do not cover any agreement to be concluded between the mentor and the mentee after successful networking regarding the mentor's services. Mentees and mentors are free to regulate their cooperation by mutual agreement.

(4) In order to use some of the content of the Mentory App, it is necessary for users to provide the mandatory information required for the placement. For mentees, this is first name and surname, age and professional status. For mentors, this includes first name and surname, professional status, profession, company, place of business, mentoring-specific information (in particular the description of the consulting service, personal description, selection of mentor type, selection of mentee goals for which the mentor can offer consulting services, selection of skills and information on whether paid consulting services are to be offered and a profile picture. The profile is only visible to other users once all mandatory information has been completed. In addition, users are free to provide further voluntary information. Which personal data is collected in this context and how this data is visible to other users can be found in Mentory's privacy policy. Mentory reserves the right to collect other user data from certain sub-user groups, such as the “Parents” in Mentory's US model, such as the “Grade Level” or whether the Parents' children have special needs such as ADHD or learning disabilities.

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2. Access to the Mentory App

(1) To access the Mentory app, the user must either download the mobile app from an app store or use the web app via the website https://web.mentory.app/. The web app can only be used by mentors, the mobile app by mentees.

(2) Furthermore, the user types are categorized into different sub-user types based on their regional selection (Germany, USA, Canada or “rest of the world”), which are based on the region-specific characteristics and service areas.

(3) If a user opens the web app, the mentor must register and create a user account.

(4) Mentees can register directly and receive a tailored selection of mentors using a specific selection or view all available mentors without registering. In order to submit a networking request to mentors, the mentee must register and create a user account.

(5) Mentory reserves the right to review each mentor registration for suitability. In particular, a mentor is deemed unsuitable if

a) he/she violates the community guidelines in section 13,

b) he/she does not have the necessary qualifications to offer mentoring services or

c) if he/she does not speak German.

Mentory is entitled to reject registrations without giving reasons. There is no entitlement to use the Mentory App.

(6) To register, the user must enter a valid e-mail address or alternatively use their login data from social login providers (such as Google or Apple) as a login.

(7) When creating a user account, the user is obliged to provide correct and complete information. The user may not pass on user account data or make it accessible to other persons.

(8) After registering, users receive an automated email from Mentory. By entering the code contained in the email in the Mentory App, the user confirms the activation of their user account. Once the user account has been activated, the user is authorized to use the Mentory App in accordance with these Terms of Use. Registration creates a free contractual relationship between Mentory and the user.

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3. Special Terms of Use for Mentees

(1) Use of the Mentory App is free of charge for mentees.

(2) If mentees use the Mentory App to search for a career and have indicated this as a goal when searching for mentors, you can consent to your profile data being shared with headhunters or recruiters registered on the Mentory App and that they may contact the mentees exclusively via the Mentory App. Consent is voluntary and can be revoked at any time with effect for the future. Further information on this can be found in Mentory's privacy policy.

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4. Special Terms of Use for Mentors

(1) Mentor registrations are additionally checked by Mentory for suitability (see section 2.4). As long as the registration of a mentor has not yet been checked by Mentory in accordance with section 2.4, the range of functions of the Mentory App for this mentor is restricted. Mentors who have not yet been verified by Mentory can view the profiles of other mentors and send chat requests to communicate with other mentors via the Mentory App.

(2) Mentory distinguishes between professional mentors, corporate mentors, university mentors, non-profit mentors and college counselors. If a mentor plans to offer their counseling services on the Mentory App for a fee, they must inform Mentory of this and note this accordingly in their profile.

(3) Corporate mentors and university mentors can choose between a free version or the paid Premium or Enterprise version of the Mentory App.

(4) The range of functions of the Mentory App is limited in the free version. Corporate mentors and university mentors who use the free version can register free of charge, network with mentees and communicate with up to two mentees simultaneously via the Mentory App.

(5) The premium version includes the functionality of the free version as well as the option to communicate with a total of seven mentees simultaneously.

(6) The Enterprise version includes the functionality of the Free version as well as the ability to communicate with a total of seventeen mentees simultaneously. In addition, the Enterprise version offers the option of using the Mentory recommendation service. The Mentory recommendation service provides potential mentees with recommendations for suitable company mentors or university mentors who use the Enterprise version and are particularly suitable for a mentoring relationship based on their profile data.

(7) In addition, corporate mentors and university mentors can receive free premium bonuses when installing the app or through certain promotions within the Mentory app. These promotions and the conditions are specified on the Mentory website https://web.mentory.app/ or in the Mentory app.

(8) Professional mentors and non-profit mentors can register for free, network with mentees and connect and communicate with an unlimited number of mentees simultaneously via the Mentory App.

(9) Mentors are prohibited from contacting mentees who have come to their attention via the Mentory App outside of the Mentory App. This does not apply if the mentor and mentee have concluded an agreement on the mentor's services after successful networking and communication about the billing process for these services is affected. Counseling services in connection with the Mentory App may only be provided via the Mentory App.

(10) Professional Mentors and College Counselors Mentors have the option of configuring their own individual 1:1 counseling services in the Mentory App and offering them via the app. These counseling services must be individual personal services that cannot be reproduced or duplicated indefinitely. The services can be offered as packages, hourly bookings or monthly subscriptions.

(11) These services are booked directly via the Mentory app by the mentees. In order to be able to offer paid services, the mentor must have their own Stripe account and link it to the Mentory account.

(12) The mentor is fully responsible for the proper provision of services, invoicing and tax compliance.

(13) In general, mentors are not allowed to sell services outside of the Mentory App to mentees or other contacts that were originally met within the app. Any violation of this policy will result in immediate and permanent platform removal. Mentory reserves the right to analyze communications between Mentors and Mentees for this purpose.

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5. Granting of Rights and Scope of Services

(1) By providing the Mentory App, Mentory grants the user the non-exclusive, non-transferable and non-sublicensable right to use the Mentory App for an unlimited period of time for its intended use.

(2) Mentory is not obliged to remedy faults and damage caused by incorrect operation, improper handling by the user, unauthorized interference by third parties, faulty hardware or force majeure.

(3) In order to use the mobile app, an internet-enabled mobile device and a functional internet connection are required, which the user must ensure is available and functional and efficient.

(4) The use of the web app requires an internet-enabled device and a functional internet connection, which the user must ensure is available and functional and efficient.

(5) The Mentory app can only be used in the latest version. Use requires that the user installs available updates of the mobile app immediately.

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6. Terms of Payment for Mentoring Services

(1) Individual consulting services are billed exclusively via the external payment service provider Stripe. In order to be able to offer fee-based services, the mentor must have an active Stripe account and link it to their Mentory profile via the Mentory app. Without a successful link, it is not possible for mentees to book fee-based services.

(2) Payment processing takes place directly between the mentor and the mentee via Stripe. Mentory is neither a payment service provider nor a contracting party, but only provides the technical infrastructure. Stripe's terms of use apply. The Mentor is responsible for compliance with all tax, commercial and regulatory obligations, including correct invoicing and any VAT obligations.

(3) Mentory is not liable for:
- payment defaults,
- refunds or cancellations,
- disputes in connection with the provision of services,
- legal disputes between mentor and mentee.

(4) Any reversals, complaints or support requests regarding payments are to be resolved directly through Stripe or between the parties. Mentory will provide technical support if required, but will not assume any legal responsibility for the transactions. Mentory's only interaction in this context is within the option to terminate a subscription. This can be terminated directly via the Mentory app for 1:1 mentoring services.

(5) For all paid services booked through the Mentory App, Mentory charges a commission fee of 7.5% of the total service price. This fee is automatically deducted from the overall transaction amount before the payout is made to the mentor. The commission is processed via the payment provider Stripe and is automatically transferred to Mentory as part of the transaction flow, without requiring any additional action from the mentor.

(6) Stripe applies payment processing fees to each transaction completed through the Mentory App. The exact fee depends on the selected payment method (e.g., credit card, Apple Pay), the transaction currency, and the country of the end customer. These fees are automatically deducted by Stripe from the transaction amount before the remaining funds—after deducting the Mentory commission—are paid out to the mentor. Detailed information on Stripe’s current pricing can be found in the respective Stripe pricing documentation.

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7. Terms of Payment Premium and Enterprise Version

(1) The prices for the Premium and Enterprise versions and the conditions are specified on the Mentory website https://us.mentory.app/ and in the appendix “Prices and conditions for the Premium and Enterprise versions of the Mentory App”. The Mentor's subscription to the Premium or Enterprise version begins as soon as the Premium or Enterprise version has been activated by Mentory.

(2) Payment for the Premium or Enterprise version is made for the month in advance.

(3) If the mentor uses the mobile app, billing and administration of the premium or enterprise version is carried out via the mentor's app store account. Payment processing takes place directly with the provider of the app store via the mentor's user account. It is the obligation of the user who uses the mobile app to comply with the regulations on the conclusion, payment and termination of contracts specified in the terms of use of the app store provider. In this respect, the general terms and conditions or the terms of use of the respective app store provider apply. In the event of any contradictions between the regulations of the app store provider and these Terms of Use of Mentory, the regulations of the app store provider shall take precedence. In particular, the Mentor will be asked by the app store provider to confirm their purchase to them. The payment method is then the one that the mentor has agreed with the app store provider. If the mentor wishes to change or terminate a Premium or Enterprise version purchased in-app, it is necessary to do so via their account with the app store provider, log in there and follow the app store provider's instructions for termination, revocation or cancellation. Any refunds will be made either in the relationship between the app store provider and the mentor or in the relationship between the customer and Mentory, depending on the rules of the app store provider.

(4) If the mentor uses the web app, the Premium or Enterprise version is billed and managed directly by Mentory. In this case, Mentory will send an invoice electronically to the e-mail address provided by the mentor for receipt of the invoice. The subscription fee is invoiced in advance for each contract month and must be paid within 14 days of invoicing. The default interest is nine percent (9%) above the applicable base interest rate.

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8. Term and Termination

(1) The contract for the free version is concluded for an indefinite period.

(2) The user has the right to terminate the contract for the free version with immediate effect. Cancellation of the free version is effective by confirming the “Delete account” link in the ‘Settings’ section under “Profile” on the Mentory website and confirming this process by entering the personal password.

(3) If the Mentor has purchased the paid Premium or Enterprise version via the App Store and thus from a third-party provider, the provisions in Section 6.3 apply to the termination and renewal of the contractual relationship. If the Mentor wishes to terminate the Premium or Enterprise version purchased in-app, it is necessary to do so via their account with the third-party provider, log in there and follow the third-party provider's instructions for termination. Details on termination and the conditions of any automatic renewals of subscriptions purchased via third-party providers can be found on the websites of the respective third-party providers (Apple, Google) as well as in the respective offer, the regulations in the third-party provider's account and in the order confirmation that the mentor receives upon conclusion of the contract.

(4) If the mentor decides to take out a monthly subscription to the Premium or Enterprise version via the web app, their subscription is automatically renewed each month until one party cancels the contract. The mentor receives an invoice in advance for each month of the contract. Clause 6.4 applies to the payment of the invoice.

(5) The mentor has the right to terminate the contract concluded via the web app for the paid Premium or Enterprise version with due notice. Ordinary termination of the paid membership does not automatically lead to termination of the basic membership. Section 7.2 applies to this.

(6) Extraordinary termination of the contract concluded via the web app is governed by the statutory provisions. It must be in text form. Extraordinary termination of the paid membership does not automatically lead to termination of the basic membership. This must be done in accordance with section 7.2. If the Premium or Enterprise version is purchased via a third-party provider, section 7.3 applies.

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9. Confidentiality and Data Protection

(1) Mentory collects and uses the user's personal data only in accordance with the applicable legal provisions. Mentory's data protection information can be viewed in the Mentory app and on the Mentory website https://us.mentory.app/privacy.

(2) All data stored online by Mentory is encrypted and stored securely in data centers located in the EU.

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10. Warranty

(1) Mentory warrants that the contractually agreed quality of the Mentory App will be maintained during the term of the contract and that no rights of third parties will conflict with the contractual use of the Mentory App.

(2) Should the user discover defects in the Mentory App, the user must notify Mentory of these immediately in writing.

(3) Mentory is obliged to rectify the reported defects in the Mentory App within a reasonable period of time. Mentory also fulfills its obligation to rectify defects by providing updates for download and offering the user support on its website to solve problems.

(4) The user must provide Mentory with the necessary access to the Mentory app and the documentation for the purpose of rectifying the defect.

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11. Liability of Mentory

‍1) Mentory is liable without limitation:

a) for fraudulent intent, intent or gross negligence;

b) for damages resulting from injury to life, limb or health of persons;

c) for the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the Terms of Use and on the observance of which the user regularly relies and may rely ("cardinal obligation"), but limited to the damage reasonably to be expected at the time of conclusion of the contract;

d) in accordance with the provisions of the Product Liability Act.

(2) Any further liability on the part of Mentory is excluded. In particular, Mentory is not liable for defects already existing at the time of conclusion of the contract, insofar as no case of Clause 1 exists.

(3) The above liability rules apply accordingly to the conduct of and claims against employees, legal representatives and vicarious agents of Mentory.

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12. Restrictions on Use and Copyright

(1) The user is not entitled to sell the Mentory App to third parties or to transfer it to third parties in any other way (in particular by renting or lending it). Excluded from the prohibition of resale and transfer of the Mentory App to third parties set out in sentence 1 is the transfer of the Mentory App to such third parties who are not granted an independent right of use and who are subject to the User's instructions regarding the use of the Mentory App.

(2) The Mentory App is protected by copyright. The Mentory App contains copyrighted material and trade secrets, which the user undertakes to protect, as well as open source licenses. It is prohibited to convert, modify, adapt, translate, rent, lease, lend or manufacture the Mentory App or parts of the Mentory App, as well as products derived from it. It is also prohibited to make the source code of the software on which the Mentory App is based accessible.

(3) The user is not authorized to separate the components of the Mentory App. Copyright notices, serial numbers and other features serving to identify the program may not be removed or altered under any circumstances. The copyright covers in particular the program code, the documentation, the appearance, the structure and organization of the program files, the program name, logos and other forms of presentation within the Mentory App. Any unauthorized duplication, use, disclosure, modification or reproduction of the content of the Mentory App is prohibited.

(4) The right to use the app may only be transferred to third parties with the written consent of Mentory. The user is not entitled to transfer the Mentory App or associated written material to third parties or make it accessible in any other way without the prior written consent of Mentory.

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13. Right of Withdrawal

(1) Users who use the Mentory App as consumers within the meaning of Section 13 BGB have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the date of conclusion of the contract. To exercise the right of withdrawal, the user must inform Mentory of his/her decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). The user may use the model withdrawal form attached at the end, but this is not mandatory. To comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

(2) If the User withdraws from this contract, the User shall reimburse Mentory for all payments received from the Mentee immediately and at the latest within fourteen (14) days from the day on which Mentory receives notification of the User's withdrawal from this contract. For this repayment, Mentory will use the same means of payment that the Mentee used for the original transaction, unless expressly agreed otherwise with the User; in no case will the User be charged any fees for this repayment.

(3) The right of revocation expires prematurely if Mentory has provided the service in full and has only begun to perform the service after the user has given his express consent and at the same time confirmed his knowledge that he loses his right of revocation upon complete fulfillment of the contract by Mentory.

(4) If the user uses the mobile app, the provisions set out in section 6.3 apply accordingly for the user when processing the withdrawal. Details on this can be found on the websites of the respective third-party providers (Apple, Google).

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14. Community Guidelines

(1) The Mentory app allows its users to enter into a mutual exchange with each other. It is important to Mentory that users treat each other constructively and respectfully.

(2) In order to ensure a constructive and respectful exchange, the uploading or sharing of content that is

a) could be considered offensive, harassing or abusive or could cause psychological distress to another person,

b) are obscene, pornographic, violent or contain nudity,

c) are offensive, threatening, discriminatory or promote or incite racism, sexism, hatred or bigotry,

d) encourage or promote illegal activities,

e) encourage or promote activities that could harm the user or any other person,

f) which are defamatory, slanderous or untrue,

g) which contain or enable the transmission of spam,

h) contain spyware, adware, viruses, corrupted files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of any software, hardware, telecommunications, networks, servers or other devices, Trojan horses or other devices designed to damage, interfere with, unlawfully intercept or expropriate any general or personal data of Mentory or others,

i) infringe the rights of third parties (in particular intellectual property rights and data protection rights),

j) advertising, offering or selling products or services that are not related to the Mentory App,

k) are not compatible with the intended use of the Mentory App or

l) damage the reputation of Mentory,

prohibited.

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15. Final Provisions

(1) Amendments and supplements to these Terms of Use must be made in writing and signed by both parties in order to be effective. They require an express reference to these Terms of Use. As long as this is not required by mandatory law, they do not require notarization. This also applies to an amendment to this provision itself. Verbal collateral agreements do not exist.

(2) Should a provision or part of a provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by an appropriate provision that comes closest to what the parties would have wanted if they had considered the point.

(3) The place of jurisdiction for all disputes relating to these Terms of Use is exclusively the registered office of Mentory. The Terms of Use are subject to German law.

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US-Specific Regulations

For users residing in the United States, the following provisions apply in addition to the other provisions of these Terms of Use:

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1. Applicable Law and Place of Jurisdiction

These Terms of Use shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions. The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the Mentory App is - at Mentory's discretion - either the registered office of Mentory in Germany or a competent court in the State of Delaware, USA.

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2. Dispute Resolution Through Arbitration (Binding Arbitration)

All disputes between Mentory and U.S. users shall be resolved exclusively by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Participation in a class action is excluded.

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3. No Right of Withdrawal Under EU Law

The regulations applicable in the European Union regarding the 14-day right of withdrawal for consumers (Section 13 BGB) do not apply to users from the United States.

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4. Data Protection in California (CCPA)

Mentory collects and processes personal data in accordance with applicable data protection law. Users residing in California have the following rights under the California Consumer Privacy Act (CCPA), among others:

• the right to information about the personal data stored by Mentory,
  
  
• the right to erasure of this data,
  
  
• the right to object to the transfer or sale of personal data (Mentory does not sell data).
  
  

Further information on this can be found in the privacy policy at https://us.mentory.app/privacy.

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5. Child Protection (COPPA)

Children under the age of 16 are prohibited from using the Mentory App. Mentory does not knowingly collect information from anyone under the age of 16 as defined by the Children's Online Privacy Protection Act (COPPA). If Mentory becomes aware of any unauthorized use, the account will be deactivated immediately and all personal data will be deleted.

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6. Tax Responsibility of US Mentors

Mentors residing in the United States are responsible for the proper tax declaration and payment of taxes on income generated through the use of the Mentory App (including federal or state income tax and sales tax, if applicable). Mentory does not provide tax advice and does not act as a tax representative.

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Sample Withdrawal Form

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Appendix: Prices and conditions for the Premium and Enterprise versions of the Mentory App

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Premium Version

Price: EUR 49.95 per month excl. VAT

Contents:

• 5 additional mentee connections: In addition to the two existing parallel connections, the mentor can accept up to 5 additional mentoring requests from mentees and actively supervise them.

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Enterprise Version

Price: EUR 99.95 per month excl. VAT

Contents:

• 15 additional mentee connections: In addition to the two existing parallel connections, the mentor can accept up to 5 additional mentoring requests from mentees and actively supervise them.
• Exclusive mentee matching service: Mentory contacts suitable mentees in line with the mentor's mentoring services and draws attention to the mentor's profile.

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