Terms

Note: By signing up for or otherwise using the server services you agree to the following terms. For questions regarding our terms, please send a mail to company@pockethost.net.

§1 General

1.1 Pockethost GmbH (hereinafter also referred to as “Provider”) operates the software with the name “Pockethost”, which can be obtained via various app stores or accessed via web (https://web.pockethost.app/#/).

1.2 Pockethost is provided exclusively on the basis of these GTC, they regulate the contractual relationship between the Provider and the users of Pockethost (hereinafter also referred to as “Customer”).

1.3 Deviating GTC of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.

1.4 The contract language is English and German.

§2 Registration of a user account

2.1 In order to be able to use the service of the Provider to the full extent, the Customer must create a user account or “register”.

2.2 A created user account is personal and the customer is forbidden to give it to other persons.

2.3 The Customer accepts that he does not acquire any ownership rights to User Accounts created with Pockethost. User accounts can be changed, blocked, closed or deleted by the Provider at any time for any reason even without notifying the Customer.

§3 Duties of the customer / Misuse

3.1 Underage customers guarantee that a consent of the legal guardians for the use of Pockethost is available.

3.2 The customer may not violate legal prohibitions, morality and rights of third parties by his usernames, server addresses or other self-written or uploaded content.

3.3 The customer undertakes that the user name or uploaded content such as pictures chosen by himself do not contain any obscene, extremist or disparaging terms or abbreviations.

3.4 In addition, the customer undertakes

– not to use any mechanisms, software or other scripts that interfere with the functions of Pockethost.

– not to intentionally cause a disturbance or malfunction.

– to refrain from excessive load on the networks, through untargeted or improper use.

– not to use Pockethost for illegal activities or to support illegal activities.

3.5 The Customer agrees to indemnify the Provider in accordance with the law for all costs, damages and losses incurred as a result of the Customer’s breach of these TOS.

§4 Payment of the services by virtual currency

4.1 In order to use certain services of Pockethost, the Customer can charge his balance of a virtual currency (hereinafter referred to as “Token”) or subscribe via various payment providers.

4.2 The Customer agrees that once acquired Token have no monetary value and can never be exchanged for real money. Token cannot be transferred to other user accounts.

4.3 When purchasing Token, the Customer acquires a limited personal, revocable license to use the Token. A credit of virtual money does not reflect any stored value.

4.4 Payments are processed via the respective app stores or stripe. The terms of use and payment of the app stores, stripe and, in addition, these GTC apply. In the event of contradictions between the terms and conditions of the app stores, stripe and these GTC, the terms and conditions of use and payment of the app stores and stripe shall take precedence.

4.5 All prices displayed in Pockethost are inclusive of the applicable statutory VAT.

4.6 Purchased Token can be redeemed for one year after their purchase. After that, they expire and can be removed from the User’s account.

§5 Granting of rights of use

5.1 The Provider grants the Customer a simple, non-transferable and non-sublicensable right to use  Pockethost for private use for the duration of the Agreement.

5.2 The Customer is prohibited from copying, distributing, sending or making the Provider’s Software and in particular the software modules publicly available on the Internet.

5.3 Decompiling, disassembling or reverse engineering the Software is prohibited unless the Customer is expressly authorized to do so by law.

5.4 The Customer is also prohibited from circumventing or removing any security measures of the Provider.

§6 Liability

6.1 Regardless of the legal grounds, the Provider, its legal representatives or vicarious agents shall only be liable for damages resulting from injury to life, body or health caused intentionally or by gross negligence. The Provider shall only be liable for defects if they were fraudulently concealed.

6.2 In cases not mentioned in 6.1, the Provider shall only be liable for slight negligence if an essential contractual obligation is violated. In this case, the liability of the provider is limited to the typically foreseeable damage. Otherwise, the Provider shall not be liable for slight negligence.

6.3 The Provider shall not be liable for indirect or consequential damages.

6.4 The provider assumes no liability for:

– Input, transmission or evaluation errors;

– Disturbance, delay or failure of services;

– actions within the provided game servers;

6.5 The provider assumes no liability for violations of the minimum age law of the games, since it is not possible to track who uses the servers created by the customer.

6.6 The customer is responsible for content that he has written or uploaded and is liable for any violations of the law.

§7 Cancellation policy

Right of revocation

You have the right to cancel this contract within seven days without giving any reason. The revocation period is seven days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must notify us (Pockethost GmbH, Paul-Bönner-Str. 18, D-68273 Plankstadt, phone number: +49 (0) 6202 – 9451546, e-mail: company@pockethost.net) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you minus the charge for our services rendered until the time of revocation, without undue delay and no later than within fourteen days from the day on which we received the notification of revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.

Premature expiry of the right of withdrawal

The right of revocation expires prematurely if we have only begun with the execution of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of revocation with the beginning of the execution of the contract.

Cancellation form

(If you want to cancel the contract, please fill out this form and send it back).

– To Pockethost GmbH, Paul-Bönner-Straße 18, D-68723 Plankstadt; e-mail: company@pockethost.net:

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of consumer(s) (only in case of paper communication)

– Date

___________

(*) Delete where not applicable.

§8 Closure of a user account

8.1 If the Customer has violated these GTC, the Provider may close the Customer’s User Account and revoke the Customer’s right to use Pockethost.

8.2 The Provider reserves the right to close the Customer’s User Account and delete all associated data if the Customer has not logged in to Pockethost for more than 365 days.

8.3 If a User Account is closed and / or deleted in accordance with these TOS, the Customer will lose all “Token” (see 4.1) and agrees that the Provider will not provide any compensation or refund.

§9 Changes to the GTC

9.1 The Provider reserves the right to change these GTC at any time with effect also within the existing contractual relationships.

9.2 The Provider shall inform the Customer of such changes in text form by means of a notification at least 4 weeks in advance.

9.3 If the Customer does not object within 30 days of receipt of the notification and continues to use the services even after expiry of the objection period, the amendments shall be deemed to have been agreed with effect from the expiry of the period.

9.4 If the customer objects within this period, the provider is entitled to terminate the customer’s right to use Pockethost.

§10 Final Provisions

10.1 The law of the Federal Republic of Germany applies under exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

10.2 Should any provision of the GTC be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. The invalid points shall be replaced by the statutory provisions, if any.

Valid from: 25.01.2023