Introduction

This document constitutes an agreement between the user of POCASIO and MCS Online Solutions GmbH, Waldhofstr. 19, 25474 Ellerbek, Germany (hereinafter referred to as “MCS Online Solutions GmbH”).

POCASIO refers to the services and programs offered by MCS Online Solutions GmbH under the domain (www.pocasio.com) and its sub-domains and aliases operated by them.

By activating and using POCASIO, you accept the terms of this agreement. You undertake to use POCASIO exclusively in accordance with the following provisions and conditions.

1. Subject Matter

POCASIO is currently offered in the following usage variants:

• as a free platform
• as a paid platform with extended functionality (monthly/annual subscription or one-time payment)

The use of POCASIO is permitted only within the scope of the offered functionalities. All other uses require prior written approval from MCS Online Solutions GmbH.

MCS Online Solutions GmbH provides POCASIO as a technical application for organizing personal home construction. MCS Online Solutions GmbH is not involved in the content. POCASIO does not claim any ownership rights to user content.

The user accepts that a completely fail-safe provision of applications is not possible and is subject to disruption by internal (e.g., maintenance work, security concerns) and external (e.g., power outages, network failures) events. This also applies to POCASIO. However, MCS Online Solutions GmbH endeavors to achieve the highest possible reliability and constant availability for the services offered.

POCASIO, all included elements, and all associated content – with the exception of user submissions and unless otherwise indicated – belong to MCS Online Solutions GmbH or are licensed to MCS Online Solutions GmbH. All copyrights and other industrial property rights, regardless of their form, remain at all times with MCS Online Solutions GmbH and its licensors.

MCS Online Solutions GmbH reserves the right to make adjustments to the services offered and to provide different types of services, provided this is reasonable for the user.

2. Rights and Obligations of the User

You are permitted to use POCASIO for your own purposes (“use” means accessing and executing the services and programs offered).

The use of POCASIO can be initiated by registering for the application. By completing the registration process, you submit an offer to enter into the contract for the use of POCASIO. MCS Online Solutions GmbH accepts this offer by activating your user account. Upon this acceptance, the contract between you and MCS Online Solutions GmbH is concluded.

To register as a user, you must provide your email address and a password. We recommend keeping your password confidential to prevent misuse. Each email address can only be registered once. Please note that you are solely responsible for all your activities on the platform. Any liability on the part of MCS Online Solutions GmbH is excluded.

You are obligated to comply with the laws applicable in your country during all use of POCASIO, particularly when posting content and communicating with other users.

Furthermore, and irrespective of the legal situation, you are not permitted to:

• use content that is pornographic, vulgar, obscene, abusive, harmful, defamatory, harassing, threatening, hateful, racist, or otherwise objectionable;
• harass other users with mass content (especially SPAM)

Furthermore, the following actions are prohibited for all users:

• rent, lease, sublicense, lend, sell, transfer, copy, modify, adapt, combine with other programs, translate, convert into another programming language, reverse engineer the various stages of software production, decompile, or create derivative works of POCASIO or elements thereof, either by yourself or through third parties, unless expressly permitted by this agreement or by mandatory laws.
• reproduce or trade POCASIO or elements thereof in any way, or to allow third parties to do so, unless expressly permitted by this agreement.
• control POCASIO or elements thereof with mechanisms, scripts, or other software (e.g., robots or crawlers) that are not necessary for the proper use of the platform. However, this does not affect the use of interfaces and software that POCASIO provides for programmatic access (e.g., APIs).
• All activities that impair or excessively burden the functionality and/or infrastructure of POCASIO.

If you observe other users utilizing POCASIO in a manner that violates laws or this agreement, you may report this via the contact form on the platform.

3. Paid Services

Subscription

• The paid use of POCASIO Plus is based on a monthly or annual subscription.
• The subscription automatically renews unless it is canceled in due time.

One-time Payment

• A Lifetime Deal grants the user a permanent right of use for POCASIO Plus in exchange for a one-time payment, as long as the service is operational.
• Should the service be discontinued, the Lifetime Deal will expire without any claim for a refund.
• The Lifetime Deal is personal and non-transferable.

3. Term and Termination

The free services can be terminated by the user at any time without stating reasons. An email can be sent to POCASIO for termination. Upon termination, all content posted by the user will be deleted by MCS Online Solutions GmbH. Alternatively, the user can independently delete the account in their profile.

The paid services are offered as part of a subscription and as a one-time payment. The booked minimum usage period is automatically extended by one period of the same duration, unless the user cancels the subscription in due time. Termination can be made without notice at the end of the current period without stating reasons. The function in the user’s administration area (https://app.pocasio.com/login/profile/) can be used for termination; after the subscription expires, the license is converted to the free version. Lifetime Deals are generally not terminable or refundable.

MCS Online Solutions GmbH reserves the right to terminate the free service at its sole discretion at any time and without stating reasons. In the event of such termination, we will provide four weeks’ notice, allowing users to export their uploaded content as a PDF file. This does not apply if the termination was for good cause.

Termination for good cause is available to both parties for both paid and free services. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties. Important reasons include, but are not limited to, the following:

• the user fails to comply with legal regulations
• the user violates provisions of this agreement
• the user harms other users or the platform

In the event of good cause, MCS Online Solutions GmbH reserves the right, in addition to termination, to issue a warning to the user, delete user content, and block the user’s access.

4. Right of Withdrawal for Consumers

If you use POCASIO as a consumer within the meaning of the law (§ 13 BGB), the following provisions apply to you:

Right of Withdrawal: You may revoke your declaration of contract within 14 days without stating reasons, in text form (e.g., letter, email). The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and not before the fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB, as well as our obligations pursuant to § 312e (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation is sufficient to comply with the withdrawal period.

The revocation must be addressed to:

MCS Online Solutions GmbH
Waldhofstr. 19
25474 Ellerbek
Germany

Email: info@pocasio.com

Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both parties must be returned, and any benefits derived (e.g., interest) must be surrendered. If you are unable to return the received service to MCS Online Solutions GmbH in whole or in part, or only in a deteriorated condition, you may be required to compensate MCS Online Solutions GmbH for its value. This may result in you still having to fulfill the contractual payment obligations for the period until withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of withdrawal, and for us with its receipt.

If you have requested that the services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already rendered up to the point in time at which you inform us of the exercise of the right of withdrawal regarding this contract, compared to the total scope of the services provided for in the contract.

Note on the premature expiration of the right of withdrawal

The right of withdrawal for a contract for the provision of services expires when the entrepreneur has fully rendered the service and has only commenced with the execution of the service after the consumer has given their express consent and simultaneously confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract by the entrepreneur.