Introduction

This document constitutes an agreement between the user of POCASIO and MCS Online Solutions GmbH, Bahnhofstr. 18, 25451 Quickborn, Germany (hereinafter “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 agree to the terms of this agreement. You agree to use POCASIO solely in accordance with the following terms 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)

POCASIO may only be used within the scope of the features offered. Any other use requires prior written approval from MCS Online Solutions GmbH.

MCS Online Solutions GmbH has provided POCASIO, a technical application for organizing the construction of one’s own home. MCS Online Solutions GmbH does not contribute any content. POCASIO does not claim any ownership rights to user content.

The user acknowledges that it is not possible to provide applications with 100 percent reliability, and that such reliability may be compromised by internal factors (e.g., maintenance work, security concerns) as well as external factors (e.g., power outages, network failures). This also applies to POCASIO. However, MCS Online Solutions GmbH strives to achieve the highest possible reliability and consistent availability for the services it offers.

POCASIO, all elements contained therein, and all associated content—with the exception of user submissions and unless otherwise indicated—are owned by MCS Online Solutions GmbH or are licensed to MCS Online Solutions GmbH. All copyrights and other intellectual property rights, regardless of their form, remain at all times with MCS Online Solutions GmbH and MCS Online Solutions GmbH’s 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).

You can use POCASIO by registering for the application. By completing the registration process, you are making an offer to enter into a 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 formed.

To register as a user, you must provide your email address and a password. We recommend that you keep your password confidential to prevent misuse. Each email address can be registered only once. Please note that you are solely responsible for all your activities on the platform. MCS Online Solutions GmbH assumes no liability of any kind.

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.
• Using POCASIO or elements of POCASIO with mechanisms, scripts, or other software (e.g., bots or crawlers) that are not necessary for the proper use of the platform. However, this does not preclude 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.

Lump-sum 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 user may cancel the free services at any time without providing a reason. To cancel, the user may send an email to POCASIO. After cancellation, all content posted by the user will be deleted by MCS Online Solutions GmbH. Alternatively, the user can delete the account themselves in their profile.

The paid services are offered as part of a subscription or as a one-time payment. The minimum subscription period will be extended by one period of the same duration unless the user cancels the subscription in a timely manner. Cancellation may be made without notice at the end of the current period without providing a reason. To cancel, users can use the feature in the user’s administration area (https://app.pocasio.com/login/profile/); after the subscription expires, the license will be converted to the free version. Lifetime Deals are generally non-cancellable and non-refundable.

MCS Online Solutions GmbH reserves the right to terminate the free service at its sole discretion at any time and without providing a reason. In the event of such termination, we will provide four weeks’ notice so that users can export their uploaded content as a PDF file, unless the termination is for good cause.

Either party may terminate the contract for good cause, whether the services are provided for compensation or without compensation. Just cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period. Good cause exists, in particular, if

• 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 withdraw from this contract in writing (e.g., by letter or email) within 14 days without providing a reason. The period begins upon receipt of this notice in writing, but not before the contract is concluded and not before we have fulfilled our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) of the EGBGB, as well as our obligations pursuant to § 312e ( 1, sentence 1, of the BGB in conjunction with Article 246 § 3 of the EGBGB. To meet the withdrawal deadline, it is sufficient to send the notice of withdrawal in a timely manner.

The revocation must be addressed to:

MCS Online Solutions GmbH
Bahnhofstr. 18
25451 Quickborn
Germany

Email: info@pocasio.com

Consequences of Cancellation

In the event of a valid cancellation, the performance received by both parties must be returned, and any benefits derived (e.g., interest) must be reimbursed. If you are unable to return the performance received to MCS Online Solutions GmbH, either in whole or in part, or can only return it in a deteriorated condition, you may be required to compensate MCS Online Solutions GmbH for the corresponding loss in value. This may mean that you must nevertheless fulfill your contractual payment obligations for the period up to the date of withdrawal. Obligations to refund payments must be fulfilled within 30 days. For you, this period begins when you send your notice of withdrawal; for us, it begins upon receipt of the notice.

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.

Notice Regarding 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.