Terms of Service
December 13, 2020
Mocki may at any time revise these Terms of Service by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Service to which you are bound.
Mocki offers a mock API service. Mocki is offered via the following plans:
Mocki Free: For people who want to create mock APIs for small scale testing and development. This basic version is available for free when you register for Mocki. This plan is limited to 1000 API requests per calendar month.
Mocki Premium: For people who want to create mock APIs for large scale testing, development and production use. The premium version is available on a paid basis via monthly subscription. It provides unlimited number of API requests and prioritized support.
Visit Mocki.io for further information on the service offerings, which Mocki will improve and endeavour over time.
Fees and payment
If you register for Mocki Premium, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide Mocki with a valid credit card from an issuer accepted by us (“Payment Provider”) as a condition to signing up for the Mocki Premium. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms of Service to determine your rights and liabilities with respect to your Payment Provider. By providing Mocki with your credit card number and associated payment information, you agree that Mocki is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to Mocki and that no additional notice or consent is required. You agree to immediately notify Mocki of any change in your billing address or the credit card used for payment. Mocki reserves the right at any time to change its prices and billing methods.
We apply the right of withdrawal of 14 days in accordance with the Distance Contracts Act.
You are responsible for any third-party fees that you may incur when using the Service.
Unpaid invoices that are not subject to good faith are subject to interest at a rate of 10% per month on the outstanding balance, plus all reasonable expenses of collection, in addition to any other remedies we may have.
Your termination of the Service
You may stop using the Service at any time. You do not need to specifically inform Mocki when you stop using the Service. You acknowledge and agree that Mocki may stop (permanently or temporarily) providing the Service to you or to users generally at Mocki’s sole discretion. You also acknowledge and agree that if Mocki disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which are contained in your account.
User Conduct, Commitments and Understandings
You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Mocki, unless you have been specifically allowed to do so in a separate agreement with Mocki.
You, directly or indirectly, alone or with any other party, may not:
modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Service or any software provided in connection with the Service (“Software”), or remove proprietary legends in the Service or Software;
distribute, transfer, resell, rent, lease, or loan the Service or Software to any other party, except as described herein;
make the Service or Software available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use;
harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;
post or otherwise transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party;
post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentiality agreement between you and another party; (iii) contains sexually explicit images or other content that is offensive; (iv) is harmful to minors in any way; or (v) promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
send any unsolicited commercial email, spam, or bulk commercial email;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
violate (intentionally or unintentionally) any applicable local, state, national or international law including, but not limited to, any regulations having the force of law; or
interfere with or disrupt the Service or Software, or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Software.
You agree that you are solely responsible for (and that Mocki has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which Mocki may suffer) of any such breach. To the extent Mocki incurs any financial penalties or other costs and expenses (including investigation expenses) from Mocki’s server hosting facility, internet service provider or other vendors because of your use of the Software, you shall be obligated to immediately reimburse Mocki for any such penalties, costs or expenses.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such materials originated, which may be you.
At your discretion, you may provide feedback to Mocki concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Mocki. In the event ownership in the Feedback cannot be granted to Mocki, you grant Mocki at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Mocki may disclose that Feedback to any third party in any manner and you agree that Mocki has the ability to sublicense all Feedback in any form to any third party without restriction.
You shall not transmit to Mocki or upload to the website any Harmful Code or use or misappropriate the data on the website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
Termination: Monitoring and Enforcement
Mocki has the right to:
Remove or refuse to post any of Your Content for any or no reason at our sole discretion.
Take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Mocki.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. Terminate or suspend your access to all or part of the Service for any violation of these Terms of Service.
Intellectual Property Rights
You agree and understand that all logos, trademarks and service marks associated with Mocki, the Mocki name and all graphic designs, style templates, topography rights, icons, programming code, and other graphic elements incorporated therein; and all right, title and interest in and to any other intellectual property or proprietary rights, including without limitation, all inventions, copyrights, trade secrets, patents, secret formulae, processes and know-how relating to or comprising the design, function, or operation of the Service, including the Site, in each case whether registered or not (Intellectual Property Rights) located on the platform are our property, or their respective licensors. Nothing contained on Mocki shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property Rights, without our prior written consent or the third party that may own such Intellectual Property Rights. You hereby acknowledge and agree that any use of Intellectual Property Rights as displayed on the Service, except as provided herein is strictly forbidden. Any unauthorized use of Intellectual Property Rights displayed on the Service may violate copyrights laws, trademarks laws and any other laws applicable in this respect.
To the fullest extent permitted by applicable law, you hereby agree to defend, indemnify, and hold harmless Mocki and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) any allegation that any of Your Content infringes or misappropriates any intellectual property or other proprietary right of a third party or violates any applicable law, (ii) your conduct in connection with the Service, and/or (iii) any violation by you of these Terms of Service.
Jurisdiction and Governing Laws
These Terms of Service (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Sweden, without regard to choice or conflicts of law principles.
Further, you and Mocki agree to the jurisdiction of Sweden to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms of Service (and any non-contractual disputes/claims relating to or arising in connection with them).
Mocki does not accept any codes of conduct as mandatory in connection with the services provided under these Terms of Service.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Questions and Comments
If you have any questions regarding these Terms of Service, please contact Mocki by emailing firstname.lastname@example.org.