MockLab Terms of Service

Welcome to MockLab. Please read these terms carefully before you submit to us your order for a subscription or free trial to use the MockLab service.

These Terms of Service set out the terms of a contract between us and our customers. They describe the MockLab service we will provide to you, how we will work together, and other aspects of our business relationship. We cannot provide the MockLab service to you unless you agree to them. We are WireMock Inc. We are referred to as “we”, “us” or “MockLab” in these Terms of Service. “You” means the person or entity requesting access to the MockLab service.

Your attention is drawn in particular to the ability for us to suspend your access to the Services under section 1.6; section 3.1, which sets out important disclaimers in respect of how the Services operate; and the limits of liability in section 12.

If you think that there is a mistake in these terms or they require any changes, or you would like to discuss any of them, please contact us at info@mocklab.io.

You agree to these Terms of Service on behalf of the entity or organisation whose details you enter on the MockLab website as subscribing to or evaluating the MockLab service. By doing so, you are representing to us that you have the authority to do so.

The binding contract created by your acceptance of these Terms of Service and our acceptance of your order for a subscription is referred to in these Terms of Service as “our agreement”. If you breach of any of the terms, we may terminate your access to the Services.

If they’re not given a meaning right away when they are mentioned, capitalised terms (like “the Services”, for example) are defined at the end of these Terms of Service in section 15.

1. Usage of the Services

1. You may use the Services during the period of your Subscription solely for your internal business operations and subject to these Terms of Service. The right to use the Services applies to you only, and not anyone else (for example, if you are a company, any other company which might be affiliated with you).

2. You must ensure that your usage of the Services does not exceed the limits of your Subscription.
3. You must ensure that each of your Authorised Users shall keep a secure password for their use of the Services and Documentation, and that each Authorised User shall keep their password confidential. You are responsible for maintaining the security of your account and password. MockLab cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will be responsible for any activity undertaken using your account credentials.

4. You must ensure that you comply at all times with our Acceptable Use Policy which are described in appendix A, and forms part of our agreement.
5. We will be entitled to suspend or disable your access to any Data that breaches the provisions of our agreement.
6. You acknowledge that (i) performance of the Services is dependent on circumstances of your Stub configuration, and the number and complexity of the Stubs; (ii) no commitment is made by MockLab in respect of the Services matching any particular Throughput Rate;  (i) the Throughput Rate will be adversely affected in the event that your use of the Services approaches the limit of your Subscription.
7. MockLab may temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. MockLab will contact you before taking any such action, except in rare cases where the level of use may negatively impact the performance of the Services for other customers.
8. From time to time, MockLab may make Beta Services available to you at no charge. You may choose to try such Beta Services at its sole discretion. MockLab may discontinue Beta Services at any time in its sole discretion and may never make them generally available.
9. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Services without the express written permission by MockLab.

2. Subscriptions, Upgrades and Downgrades

10. The Services are subject to usage and feature limits specified in respect of the different Subscriptions offered by MockLab. These are as initially specified on the mocklab.io website and updated by MockLab to you.
11. You may at any time upgrade your Subscription. If you wish to upgrade your Subscription, you shall pay to MockLab the relevant fees for such additions as set out on the MockLab.io website and, if the upgrade is purchased by you part way through a subscription period, such fees shall be pro-rated from the date of activation by MockLab for the remainder of the current subscription period. If you are upgrading from a free Subscription to a paid Subscription, we will charge your payment card immediately and your new Subscription period starts on the day of upgrade.
12. For downgrades in Subscription level, the new rate starts from the end of your current subscription period. There will be no prorating for downgrades made mid-Subscription period.
13. You are only permitted to set up one trial or free Subscription. Any user found setting up multiple trial or free Subscriptions will be terminated and blocked from accessing the Services immediately.
14. You acknowledge that for free Subscriptions:

1. your usage is subject to the limit on monthly requests set out in respect of free Subscriptions on the mocklab.io website, and you will be unable to use the Services in excess of those limits;  
2. your Customer APIs will become inactive after 4 hours since your last activity in relation to them using the Services. They will become active again after a short delay following following your next request in respect of them using the Services.

3. Disclaimers

1. You acknowledge that:

1. each Stub simulates the public-facing portion of the corresponding Customer API;
2. you, not MockLab, is responsible for the configuration of any Stub, including the accuracy of its output in line with any API which you wish to simulate;
3. you, not MockLab, is responsible for maintaining and updating the Stub to reflect any changes to any API which you wish to simulate;
4. if you use the Third-Party Format, no warranty is given in respect of the accuracy or quality of any Stub produced by such means;
5. if you use the Third Party Format, to the extent that the schema entered by you does not specify instructions for the generation of an output from the Stub, (i) the Services will automatically ascribe an output for each transaction in respect of the Stub, and (ii) such output will not be consistent across all such transactions.

2. You assume sole responsibility for results obtained from the use of the Services and the Documentation by you, and for conclusions drawn from such use. MockLab shall have no liability for any damage caused by errors or omissions in any Stubs, information, instructions or scripts provided to MockLab by you in connection with the Services, or any actions taken by MockLab at your direction.
3. You acknowledge that the technical processing and transmission of the Services, including Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. Data

4. You own all of your Data. You are responsible for the legality, reliability, integrity, accuracy and quality of all such Data. Except as set out in our agreement, MockLab will not have any rights to use your Data.

5. In the event of any loss or damage to Data, your sole and exclusive remedy against MockLab shall be for MockLab to use reasonable commercial endeavours to restore the lost or damaged Data from the latest back-up of such Data maintained by MockLab. MockLab shall not be responsible for any loss, destruction, alteration or disclosure of Data caused by any third party (except those third parties sub-contracted by MockLab to perform services related to Data maintenance and back-up).
6. You acknowledge that the Services are not intended for the processing of ‘live’ or production data or any Personal Data. You agree to refrain from including any such data in you Data and without limitation shall ensure that all Data is free of any Personal Data.
7. MockLab uses Usage Data to build features and improve the functionality and feature set of the Service, and may disclose aggregated and anonymised research data (which cannot reasonably be used to infer the identity of you) based on the Usage Data to third parties. Nothing in our Agreement shall restrict MockLab from such use of Usage Data.

5. Third party providers

            You acknowledge that the Services may enable or assist you to access the content of, correspond with, and purchase products and services from, any Integrations and that you do so solely at your own risk. MockLab makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Integration, or any transactions completed, and any contract entered into by you, with any such third party.  Any contract entered into and any transaction completed via any Integration is between you and the Integration, and not MockLab.  MockLab recommends that you refer to the Integration's website terms and conditions and privacy policy prior to using the Integration.  MockLab does not endorse or approve any Integration nor the products, service or content of any Integration. MockLab shall have no obligation to maintain any Integration throughout the term of our Agreement and may discontinue any Integration at any time.

6. MockLab's obligations

8. MockLab will perform the Services substantially in accordance with the Documentation. This does not apply to the extent of any non-conformance which is caused by use of the Services contrary to MockLab's instructions, or modification or alteration of the Services by any party other than MockLab or MockLab's duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, MockLab will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in section 6.1. This section does not apply to any Beta Services – these are provided as is’ without any such commitment.

9. MockLab does not warrant that:

1.  your use of the Services will be uninterrupted or error-free; or

2. that the Services, Documentation and/or the information obtained by you through the Services will meet your particular requirements; or

3.  the Documentation or Services will comply with any laws or regulations regarding Personal Data.

7. Your obligations

You shall:

6. without affecting your other obligations under our agreement, comply with all applicable laws and regulations with respect to your activities under our agreement;

7. ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of our agreement and shall be responsible for any Authorised User's breach of our agreement;

8. obtain and shall maintain all necessary licences, consents, and permissions necessary for MockLab, your contractors and agents to perform their obligations under our agreement, including without limitation the Services.

8. Charges and payment

10. You shall pay the Subscription Fees to MockLab for the Subscription. MockLab reserves the right to change the Subscription Fees at any time. We will post changes on the mocklab.io website or by e-mail to the address you have provided to us in connection with your account. The changes will be applicable from the end of the then-current Subscription period, or (if you are on a free Subscription) at any time.

11. You shall provide to MockLab valid, up-to-date and complete credit card details and any other relevant valid, up-to-date and complete contact and billing details and you hereby authorises MockLab to bill such credit card for the Subscription Fees payable in respect of the Initial Subscription Term and monthly or annually thereafter for each Renewal Period.

12. All amounts and fees stated or referred to in our agreement:

9. are, subject to section 12.3(b), non-cancellable and non-refundable;

10. are exclusive of any value added tax, which to the extent applicable shall be added to MockLab's invoice(s) at the appropriate rate. (MockLab is not registered for VAT currently, so until this changes VAT will not be added to your invoice.)

13. You agree to immediately notify MockLab of any change in your billing address or the credit card used for payment hereunder.
14. All amounts due under our agreement from you to MockLab shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If any such deduction or withholding of any tax is required by law, you will notify MockLab and will pay any additional amounts necessary to ensure that the net amount that MockLab receives, after deduction and withholding, equal the amount MockLab would have received if no deduction or withholding had been required.

9. Proprietary rights

15. You acknowledge and agree that MockLab and/or its licensors own all intellectual property rights in the Services and the Documentation. Except as expressly stated herein, our agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
16. The look and feel of the Services is copyright MockLab, Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from MockLab.

17. MockLab confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of our agreement.
18. You may choose to submit comments, feedback, questions, or other information (“Feedback”) to MockLab. MockLab may freely use, copy and exploit and Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
19. We may identify you as a MockLab user on our websites or additional marketing materials. You may request that we stop doing so by submitting an email to info@mocklab.io at any time. Please note that it may take us up to thirty (30) days to process your request.

10. Indemnity

20. You shall defend, indemnify and hold harmless MockLab against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your Data or any use by you or Authorised Users of the Services in breach of our Agreement.

11. Changes

1. MockLab may at any time update and change any part or all of our agreement (but not, for avoidance of doubt the Subscription Fees, except as set out in section 8.1). In the event of such a change, MockLab shall notify you of the change by email or by means of a message by means of the Services (“Change Notice”). The updated terms will become effective and binding on the next business day in California, United States after such notification (“Immediate Change”), unless the Change Notice specifies that the change applies upon the commencement of the next Renewal Period (“Renewal Change”). If an Immediate Change operates to the your material detriment, and you do not agree to such a change in the terms, you may terminate this agreement on notice in writing to be sent by you within 28 days  after the date of the Change Notice. In the event of a Renewal Change, the change will apply from the commencement of the next Renewal Period.

12. Limitation of Liability

1. Except as expressly and specifically provided in our agreement:

11. you assume sole responsibility for results obtained from the use of the Services and the Documentation by you, and for conclusions drawn from such use. MockLab shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to MockLab by you in connection with the Services, or any actions taken by MockLab at your direction;

12. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement; and

13. the Services and the Documentation are provided to you on an "as is" basis.

2. Nothing in our agreement excludes the liability of MockLab:

14. for death or personal injury caused by MockLab's negligence; or

15. for fraud or fraudulent misrepresentation.

3. Subject to section 12 and section 12.2:

16. MockLab shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under our agreement; and

17. Except in relation to Beta Services, MockLab's total aggregate liability in contract tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our agreement shall be limited to the greater of £100.00 (one hundred pounds sterling) and the total Subscription Fees paid for the Services during the 12 months immediately preceding the date on which the claim arose; and
18. In relation to our free Subscription and any Beta Services, MockLab's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of our agreement shall be limited to £100 (one hundred pounds sterling).

13. Term and termination

4. Our agreement shall, unless otherwise terminated as provided in this section 13, commence on the date of activation of your account and shall continue for the Initial Subscription Term and, thereafter, our agreement shall be automatically renewed for successive periods of one month (each a Renewal Period) or one year in annual contracts, unless either you or MockLab notifies the other party of termination, in writing, before the end of the Initial Subscription Term or any Renewal Period (in which case our agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period) or it is otherwise terminated in accordance with the provisions of our agreement. The Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
5. We may terminate our agreement at any time immediately on notice, in the event that you breach its terms.

6. All of your content will be inaccessible from the Services immediately upon cancellation of a free plan. Within a reasonable period of time, all of content created through the Services will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted. Upon cancellation by you of a paid plan, you will be provided with a free Subscription and your account and the data in it will remain active until cancellation of that free Subscription by you or us.
7. If you cancel the Services before the end of your current paid up month or year, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
8. On termination of our agreement for any reason your right to use the Services will immediately terminate and you shall immediately cease all use of the Services.
9. We will on termination or expiry of our agreement deactivation or deletion of your account or your access to your account. You will be unable to access your Data following termination of our agreement.

14. Other Important Terms

1. MockLab shall have no liability to you under our agreement if it is prevented from or delayed in performing its obligations under our agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of MockLab or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors (“Force Majeure Event”), provided that you are notified of such an event and its expected duration.
2. No failure or delay by MockLab to exercise any right or remedy provided under our agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

3. Our agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into our agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our agreement.
4. No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of our Agreement except to the extent that MockLab otherwise agrees in writing. Except as stated in these Terms of Service, no variation of our agreement shall be binding unless expressly agreed in writing.

5. MockLab may at any time assign, novate, delegate, sub-license or sub-contract any of its rights or obligations under our Agreement. You shall not sub-license, assign or transfer any or all of your rights and obligations under our agreement without the prior written consent of MockLab.
6. Our agreement does not confer any rights on any person or party (other than the parties to our agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
7. Our agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of Delaware in the United States. Each party irrevocably agrees that the courts of Delaware in the United States shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with our agreement or its subject matter or formation (including non-contractual disputes or claims).

15. Interpretation

8. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. A reference to writing or written includes e-mail or other durable electronic medium. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
9. The definitions and rules of interpretation in this section apply in our agreement.

1. Authorised Users: (if you are an individual) you and (if you are a corporate or other entity) those of your employees, agents and independent contractors who are authorised by you to use the Services and the Documentation.
2. Back-up Policy: MockLab’s standard schedule for backing up Data from time to time in force. As at the date of our Agreement, such schedule is for Data to be backed up once per day.
3. Beta Services: any pre-release and beta features within the Services, that MockLab makes available to users in a manner clearly identified with a ‘Beta’ designation.
4. Customer API: means an API, the response from which you intend to emulate by means of the Services.

5. Data: the data inputted by you, Authorised Users, or MockLab on your behalf for the purpose of using the Services or facilitating your use of the Services.

6. Documentation: the latest version of the document made available by MockLab online via MockLab.io/docs or such other web address notified by MockLab to you from time to time which sets out a description of the Services and the user instructions for the Services. Such document may be updated throughout the term of our agreement as the Services evolve.

7. Initial Subscription Term: one month or one year from the activation of your access to the Services.
8. Integration: a product, content or services provided to you by a third party, in respect of which the Services facilitate a connection or exchange of data by you, and “Integrated” shall have a corresponding meaning. A Third-Party Format is an Integration.
9. Personal Data: any information relating to an identified or identifiable natural person.
10. Platform: MockLab’s online platform application by means of which the Services are provided.
11. Scripting Interface: the API user interface for the Services which enables an Authorised User to write scripts to execute commands on the Platform.

12. Services: the subscription services provided by MockLab to you under our agreement via https://app.MockLab.io/ or any other website notified to you by MockLab from time to time, and the Scripting Interface as more particularly described in the Documentation.
13. Stub: the simulation of the operation of a Customer API by the pairing by you of a command (for example, GET, POST) and a response defined by you by means of the Services.

14. Subscription: the subscription purchased by you pursuant to section 8.1 which entitle Authorised Users to access and use the Services and the Documentation in accordance with our agreement, including the User Subscriptions.
15. Subscription Fees: the subscription fees payable by you to MockLab for the Subscription, as set out from time to time on the MockLab.io website.

16. Subscription Term: has the meaning given in section 13.1  (being the Initial Subscription Term together with any subsequent Renewal Periods).
17. Third Party Format: any input format Integrated with the Services enabling you to describe the structure of its Customer APIs to the Platform in a machine-readable format. As at the date of our Agreement, Swagger™ is an example of a Third-Party Format.

18. Throughput Rate: the limit on the number of transactions per second to be undertaken by means of the Services by Authorised Users, stated on the MockLab.io website as being applicable to your Subscription. 
19. Usage Data: MockLab’s analytics, collected automatically by means of the Services, on Customer APIs, how Authorised Users use the Services, as well as the performance of the Services and the Platform.

20. User Subscriptions: the number of Authorised Users permitted to use the Services, as set out in respect of your Subscription from time to time on the MockLab.io website.

22. Appendix A - MockLab Acceptable Use Policy

24. You must not access, store, distribute or transmit any viruses or malware, or any material during the course of your use of the Services that:
25. (a)        contains any information relating to an identified or identifiable natural person;
26. (b)        impairs or attempts to impair security, integrity or availability of the Services, including their use by any other customer of MockLab;
27. (c)        is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
28. (d)        facilitates illegal activity;
29. (e)        depicts sexually explicit images;
30. (f)        promotes unlawful violence;
31. (g)        is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
32. (h)        is otherwise illegal or causes damage or injury to any person or property;
33. (i)         infringes any person’s intellectual property rights;
34. (j)        contains branding of any commercial organisation other than your own.
35. (k)        Impersonates any business or entity;
36. (l)         incorporates materials from a third-party web site (other than with the authority of the owner of the rights to those materials).
38. You must not:
39. (a)        except as may be allowed by any applicable law which is incapable of exclusion by agreement us and you and except to the extent expressly permitted under this agreement: (i)        attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform and/or Documentation (as applicable) in any form or media or by any means; or (ii)        attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; or
40. (b)        use or attempt to use the Services to breach or otherwise circumvent any security or authentication measures, or interfere with or disrupt any user, host or network associated with the Services; or
41. (c)        access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or
42. (d)        use the Services and/or Documentation to provide services to third parties; or
43. (e)        license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party except the Authorised Users, or
44. (f)        attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under our agreement; or
45. (g)        introduce or permit the introduction of, any Virus or Vulnerability into MockLab's network and information systems. “Virus” means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices. “Vulnerability” means a weakness in the computational logic (for example, code) found in software and hardware components of the Platform that when exploited, results in a negative impact to the confidentiality, integrity, or availability.