Terms & Conditions

Last updated: 07.02.2025

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, an appropriate usage model and pricing plan must be selected.

According to the selected tier or custom plan, the User may be the sole creator of their content, or they may request multiple users to manage and create their content. In such cases, the group of users collectively constitutes the “Company.” If requested by the User, PocoBit can provide multiple creator accounts under a single Company account, allowing multiple individuals to manage the Company’s content together. Additional creator accounts may be subject to extra monthly costs, depending on the selected pricing tier or a custom pricing arrangement. Users will be informed of any applicable costs before additional accounts are activated.

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.

Users are responsible for verifying the accuracy and appropriateness of AI-generated training games. PocoBit does not guarantee the correctness, completeness, or suitability of AI-generated content. The AI-generated outputs should be reviewed and validated by the User before distribution or implementation.

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 restrict access to the Company’s account and associated data after seven (7) days of non-payment. However, user data will not be deleted before twelve (12) months from the date of non-payment unless the User explicitly requests full deletion.

Users may request a data export at any time to retain a copy of their stored data. Additionally, Users have the right to request complete deletion of their data at any time. If no such request is made, PocoBit will securely retain User data for up to twelve (12) months after the User stops using PocoBit services, allowing for a smoother return and continuation of service if desired.

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.

PocoBit reserves the right to collect aggregated or anonymized data derived from all users interactions with the platform. This data will be used strictly for platform improvement, analytics, and optimization purposes, ensuring that no personally identifiable information is included or disclosed.

5.2 Intellectual Property Infringement Claims: PocoBit respects intellectual property rights and expects Users to do the same. If you believe that content uploaded to the Platform infringes your intellectual property rights, you may submit a claim by contacting us at [email protected] with the following details:

  • A description of the copyrighted work or trademark that you claim has been infringed.
  • A description of where the allegedly infringing material is located on the Platform (e.g., URLs or specific game titles).
  • Your contact information, including your name, email address, and physical address.
  • A statement that you have a good faith belief that the use of the content is not authorized by the intellectual property owner, its agent, or the law.
  • A statement that the information in your complaint is accurate and that you are the intellectual property owner or authorized to act on their behalf.

Upon receiving a valid infringement claim, PocoBit will investigate the matter and may take appropriate action, including removing or restricting access to the allegedly infringing content and notifying the User responsible for the content. Repeated violations of intellectual property rights may result in account suspension or termination.

If you believe that your content was wrongfully removed due to a mistaken claim, you may file a counter-notification providing evidence that your content does not infringe any intellectual property rights.

6. Changes to the Platform and Pricing

6.1 Platform Changes: PocoBit reserves the right to add, 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 modify its publicly available pricing offers at any time. However, Users will keep the price and model they initially chose or signed up with unless a new agreement is reached between both parties or the User voluntarily opts for a different publicly available price.

7. Service-Level Commitment

7.1 Uptime & Availability: PocoBit is committed to providing a stable and reliable platform with a 99.5% uptime target. However, we do not guarantee uninterrupted service and shall not be held liable for outages caused by maintenance, force majeure events, third-party service failures, cyberattacks, or other circumstances beyond our reasonable control.

    7.2 Scheduled Maintenance & Downtime: To ensure the best possible experience, PocoBit may conduct periodic maintenance, which could result in temporary service interruptions. Users will receive advance notice of any maintenance that may significantly impact accessibility.

    7.3 Support Response Times: Users experiencing technical issues can contact PocoBit’s support team at [email protected]. We aim to respond within 24 business hours for general inquiries and within 12 business hours for urgent issues affecting platform access.

    8. Payment Terms

    8.1 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.

    8.2 Subscription Cancellation: If a User decides to cancel their subscription, they must notify PocoBit or cancel it themselves through the portal. The subscription will remain active until the end of the current month. On the last day of the month, the User will be charged for any outstanding payments before access to the PocoBit platform is removed.

    8.3 Monthly Subscription Pricing Structure: All monthly subscription prices consist of two parts: Base subscription price + previous month’s active players (MAU “Monthly Active Users”) price. Depending on the chosen pricing plan, the base price may include a number of free active players and creator accounts.

    7.4 Subscription Changes: If the User decides to change their subscription and the new subscription’s base price (excluding the MAU price) is higher than the current subscription, the User will be charged the difference for the remaining days of the current month on the day the change was made.

    If the User decides to change their subscription and the new subscription’s base price (excluding the MAU price) is lower than the current subscription, the extra paid amount will be retained as pre-paid credits on the account and will be subtracted from the next subscription amount.

    8.5 Free Trial and Payment Schedule: New Users who wish to start using PocoBit to create games have the option to sign up for a free trial. When signing up, they must choose a subscription pricing tier. The chosen pricing tier will become active after the free trial period ends.

    If a User has chosen a subscription, PocoBit will automatically charge their credit card on the designated payment days, unless otherwise agreed between the parties. The first payment will occur on the day the free trial ends, and subsequent payments will be charged on the first day of each month. If changes to the subscription occur mid-month, adjustment charges may also apply on that day.

    9. Third-Party Services

    9.1 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.

    10. Limitation of Liability

    10.1 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.

    11. User Obligations

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

    12. Termination

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

    Upon termination, the User’s account access will be revoked immediately. PocoBit may retain User-generated content for up to 12 months to facilitate a smoother return and continuation of service if desired. After this period, all stored User data will be permanently deleted unless the User requests otherwise.

    Users also have the right to request the deletion of their data at any time before the 12-month retention period expires.

    13. Changes to These Terms & Conditions

    13.1 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.

    14. Governing Law

    14.1 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.

    15. Force Majeure

    PocoBit shall not be held liable for any failure or delay in performing its obligations under these Terms & Conditions due to circumstances beyond its reasonable control. Such circumstances include, but are not limited to:

      • Natural disasters (e.g., earthquakes, floods, hurricanes)
      • War, terrorism, or civil unrest
      • Government regulations, restrictions, or interventions
      • Cyberattacks, system failures, or service disruptions caused by third-party providers
      • Power outages or failures in telecommunications networks
      • Strikes, labor disputes, or supply chain disruptions
      • Any other event that constitutes force majeure under applicable law

      If PocoBit is affected by such an event, we will make reasonable efforts to resume services as soon as possible. However, we shall not be liable for any losses, damages, or delays resulting from such force majeure events.

      16. Contact Information

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