Last updated: 18.09.2024

Welcome to PocoBit. By accessing or using our platform, you agree to comply with and be bound by the following Terms & Conditions. Please read them carefully. If you do not agree to these terms, you may not access or use the Platform.

1. Introduction

PocoBit (“we,” “us,” “our”) provides a platform for creating and sharing training games (the “Platform”). These Terms & Conditions govern the use of the Platform by registered users (“you,” “your,” “User”). By using the Platform, you agree to these Terms & Conditions.

2. Account Registration and Use

2.1 Account Creation: To access the Platform, you must create an account or have an account created for you. Each account is intended for use by a single user. If additional users are needed, a different usage model and pricing plan must be selected.

2.2 Account Responsibility: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify PocoBit immediately of any unauthorized use of your account.

3. Use of the Platform

3.1 Training Game Creation: The Platform allows Users to create training games and share them with players. Users have full control over how they share these games and with whom. Users can also view an overview of the game activity and the players who interacted with it.

3.2 AI-Assisted Training Game Creation: When using the AI-assisted feature for creating training games, Users may upload base training materials. These materials are processed by a third-party AI service. PocoBit is not responsible for how the third-party AI service uses the uploaded materials beyond providing the intended training game content.

3.3 User Content: You retain all rights to any content, training games, or materials you upload or create using the Platform. By using the Platform, you grant PocoBit a non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing the Platform’s services.

3.4 Content Responsibility: The Company is solely responsible for the content it creates on the Platform and the content it chooses to share through the Platform. PocoBit is not liable for any content created or distributed by the Company, including its accuracy, legality, or appropriateness.

4. Data Privacy and Security

4.1 Data Storage and Security: PocoBit stores all User data securely and up to modern, strong security standards. We do not share any User information with third parties without User consent, except as required by law or as necessary to provide the services of the Platform to the User.

4.2 GDPR Compliance: PocoBit is committed to protecting the privacy and security of User data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. We ensure that all personal data is processed lawfully, fairly, and transparently. Users have the right to access, correct, delete, and restrict the processing of their personal data. For more information on how we handle personal data and User rights, please refer to our Privacy Policy.

4.3 Confidential Information: Any pricing deal offered to a User that differs from the currently public price is considered confidential and must not be disclosed to any third party.

4.3 Data Deletion Upon Non-Payment: If the Company fails to make payment for the Platform in accordance with the agreed-upon payment terms, PocoBit reserves the right to make non-accessible and/or delete all data associated with the Company’s account from the Platform after thirty (30) days of non-payment. PocoBit will provide a notice to the Company prior to any such data deletion.

5. Intellectual Property Rights

5.1 Intellectual property rights: All intellectual property rights in the PocoBit platform, including software, designs, and features, belong exclusively to PocoBit. However, any content created or uploaded by users remains their sole property. PocoBit acknowledges that it does not own user-generated content and does not have the right to distribute, modify, or use this content without the explicit consent of the user. Users retain full ownership and control over their materials, while PocoBit provides the service for hosting and facilitating interaction with the content.

6. Changes to the Platform and Pricing

6.1 Platform Changes: PocoBit reserves the right to modify, update, or discontinue any feature or part of the Platform at any time without prior notice. However, we will make reasonable efforts to inform Users of any significant changes.

6.2 Pricing Changes: PocoBit reserves the right to change the pricing of the Platform, unless stated otherwise in your specialized offer. Users will be notified of any pricing changes at least 60 days in advance. If a User does not agree to the new pricing, they may cancel their subscription before the changes take effect.

7. Payment Terms

7.1 Paid Versions and Payment Plans: If you use a paid version of the PocoBit Platform, you agree to pay the fees associated with the chosen payment plan. All fees are non-refundable except as required by law or explicitly stated otherwise.

8. Third-Party Services

8.1 Third-Party AI Services: The Platform may integrate or use third-party AI services to assist in creating training games. PocoBit does not control or take responsibility for these third-party services. Users are responsible for understanding the terms and conditions of these third-party services. The third-party AI services that PocoBit currently uses are Anthropic Claude 3.5 Sonnet and OpenAI GPT-4o. Users are asked for a confirmation each time before these AI services are used to process User’s materials.

9. Limitation of Liability

9.1 To the maximum extent permitted by applicable law, PocoBit shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your use or inability to use the Platform; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Platform.

10. User Obligations

10.1 Compliance with Laws: You agree to use the Platform in compliance with all applicable local, state, national, and international laws, rules, and regulations.

11. Termination

11.1 PocoBit reserves the right to suspend or terminate your access to the Platform, at our sole discretion, for any violation of these Terms & Conditions or for any other reason, with or without notice.

12. Changes to These Terms & Conditions

12.1 PocoBit may modify these Terms & Conditions at any time. We will notify all signed up users of any changes via email. You are advised to review these Terms & Conditions periodically for any changes.

13. Governing Law

13.1 These Terms & Conditions shall be governed and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.

14. Contact Information

14.1 If you have any questions about these Terms & Conditions, please contact us at [email protected].