By using the website ("Website") that may be accessed through this web page and that provides access to the Service offered by the Company, the user ("Customer") agrees to comply with the following terms and conditions ("Website Terms and Conditions of Use”).

The term Service shall be understood as simulation of the operation of a real web service based on a mock response defined by the Customer. Smart Software Lab Sp. z o.o. ("Company") reserves the right to update and amend these Website Terms and Conditions of Use without notice.

Violation of any of the following terms and conditions may result in the Customer's account being closed.


I. TERMS AND CONDITIONS OF RUNNING AN ACCOUNT

  1. The Customer shall be liable for keeping his account and password secure. The Customer must set up an account ("Account") to log into the Website and use the Service. The Company may not and will not be liable for any loss or damage arising from the user's failure to comply with this obligation.
  2. The Customer shall be solely liable for all posted content and activities that take place on his Account.
  3. The Customer may not use the Service for any unlawful purpose or in order to violate any laws in his jurisdiction (including, but not limited to, copyright).
  4. The Customer is obliged to provide his valid email address and any other information required to complete the registration process, such as the email address, name and surname.
  5. The Customer's login may only be used by one person – a single login shared by many people shall not be allowed. The number of logins for a given account depends on the package chosen by the Customer.
  6. The Customer may create only one trial account per person. Any user who violates this condition shall be immediately removed and blocked on the Website.
  7. The Customer shall not use the Service in order to breach or otherwise circumvent any security or authentication measures, to interfere with or disrupt the work of other users, hosts or networks related to the Service, to violate the law in any way, or to violate the privacy of others.
  8. The Customer must be a human being. Accounts registered by "bots" or other automated methods shall not be allowed and will be closed immediately.

II. ACCESS TO THE API

  1. Customers may access their website data through the application program interface ("API"). These terms and conditions shall apply to any use of the API, including the use of the API via a third party product that accesses the Service.
  2. The Customer clearly understands and agrees that the Company shall not be liable for any damage or losses arising from the user's use of the API or third party products that access data via the API.
  3. Abuse of the API or excessively frequent service requests via the API may result in temporary or permanent suspension of the user's access to the API. The Company shall determine abuse or excessive use of the API at its own discretion. The Company shall make a reasonable attempt to warn the account owner via email before the suspension.

III. TERMS AND CONDITIONS OF PAYMENT AND SERVICE CANCELLATION

  1. The Service is offered in the following packages:
    1. free trial package ("Free")
    2. "Starter" package
    3. "Team" package
    4. "Organization" package
  2. The free trial package for one user gives access to:
    • 5,000 requests monthly
    • Static mocks
    • Template mocks
    • 1 workspace
    • 25 workspace
    • 1 team
    • 1 team member
    • up to 2 concurrent requests
    • Basic Support
  3. The "Starter" package includes:
    • 200,000 requests monthly
    • Static mocks
    • Template mocks
    • Dynamic mocks
    • Proxy mocks
    • 5 workspaces
    • 200 mocks
    • 1 team
    • 2 team members
    • up to 5 concurrent requests
    • Standard Support
  4. The "Team" package includes:
    • 2,000,000 requests monthly
    • Static mocks
    • Template mocks
    • Dynamic mocks
    • Proxy mocks
    • 20 workspaces
    • 500 mocks
    • 1 team
    • 10 team members
    • up to 20 concurrent requests
    • Standard Support
  5. The "Organization" package includes:
    • 20,000,000 requests monthly
    • Static mocks
    • Template mocks
    • Dynamic mocks
    • Proxy mocks
    • 100 workspaces
    • 2000 mocks
    • 5 teams
    • 50 team members
    • up to 50 concurrent requests
    • Priority Support
  6. The Basic Support available within the free trial package means no guarantee of a response to the Customer’s inquiries as part of technical support.
  7. The Standard Support available within the "Starter" and "Team" packages means a guarantee of a response to the Customer’s inquiries as part of technical support within 3 business days of receipt of the support request. Working days shall be deemed as days from Monday to Friday (within the Polish time zone).
  8. The Priority Support available within the "Organization" package means a guarantee of a response to the Customer’s inquiries as part of technical support within 1 business day of receipt of the support request. Working days shall be deemed as days from Monday to Friday (within the Polish time zone).
  9. The Static mock is a feature allowing to define static HTTP response (code, headers, body) for matched HTTP requests.
  10. The Template mock is a feature allowing the definition of a template of HTTP response's headers and body for matched HTTP requests. SmartMock.io evaluates the template before returning the response.
  11. The Dynamic mock is a feature allowing to specify HTTP response code, headers, and body within the JavaScript code evaluated by SmartMock.io before returning the response.
  12. An upgrade of the Service package made by the Customer is valid only upon the relevant payment.
  13. In the case of each downgrade of the Service package by the Customer, the new rate shall be charged in the subsequent billing cycle. Between billing cycles, the rate shall be calculated proportionally.
  14. Services shall be provided on a subscription basis for a fixed period specified in the user's Order ("Subscription Period"). Unless otherwise specified in the user’s Order, all subscriptions shall be automatically renewed for periods equal to the initial period of the subscription (with the proviso that the Customer shall be charged rates applicable at a given time), unless he unsubscribes through his Account.
  15. The fees provided for on the Website do not include all taxes, fees or customs duties imposed by tax authorities, and the Customer shall be liable for the payment of all such taxes, fees or customs duties if it is required and the obligation lies with him. Where required, the Company shall collect these taxes on behalf of tax authorities and remit them to the relevant bodies.
  16. The Customer agrees to pay all fees or charges on his Account in accordance with the fees, charges and invoicing terms applicable at the time when the fee or charge is due and payable. Unless otherwise specified, the Customer shall pay all amounts in the following currency: U.S. Dollar at the time of placing the Order. The Company shall not be liable for differences in the exchange rate.
  17. Payment for the Service shall be made through an external entity that has a contract with the Company ("Payment Service Provider"). When making payments through the Payment Service Provider, the Customer shall be bound by the contractual provisions presented to him by the Payment Service Provider. Lack of consent to the terms and conditions presented by the Payment Service Provider shall render settlement of the payment impossible. The contract with the Payment Service Provider concluded by the Payment Service Provider with the Customer governs the use by the Customer of a designated credit card, and the Customer must refer to that contract and not this contract to determine his rights and obligations. After making a payment, the Customer may download a VAT invoice.
  18. The Company reserves the right to change prices and billing methods at any time, immediately upon posting them on the web page.
  19. By making a payment, the Customer acknowledges that the availability of any Services outside the current Subscription Period or of any updates to the Service may vary.
  20. If the Customer needs more than this service package guarantees, he will be able to continue using the Service only by paying in advance for additional use.

IV. CANCELLATION AND TERMINATION OF THE CONTRACT

  1. The Customer shall be liable for making a correct account deletion request. The Customer shall make the request through his Account. The Company reserves the right to send, after receiving the request, a message to verify the request received. Having verified the request, the Company shall delete the account in the shortest possible time.
  2. All content shall be unavailable in the Service immediately upon account deletion. Within a reasonable time, the entire content created through the Service shall be permanently deleted from all backups and logs. This information cannot be recovered after it has been deleted. Deletion of the Account deprives the Customer and other users of the right to access the saved content. The Company shall not be liable for depriving the other users of the Account of the access thereto.
  3. If the Customer cancels the subscription, it shall be terminated without undue delay, and the Customer shall be entitled to demand a refund of the amounts collected or paid before its termination. The Customer may request a refund within one month of the date of cancelling the subscription at the following email address: support@smartmock.io. The Company shall review the request within 30 days of its receipt. The Company reserves the right to deny the request.
  4. Cancellation of subscription results in the current package being changed to the free trial package.
  5. Changing the Service package may result in the loss of the Customer's features and data saved within a given package. The Company shall bear no liability for such losses.
  6. The Company, at its own discretion, has the right to suspend or close the Website. Closing the Website shall result in deactivation or deletion of the Customer’s Account or access thereto as well as the loss and abandonment of the entire content of the Account. The Company reserves the right to refuse to provide services to anyone for any reason at any time.
  7. Inactivity on the account exceeding 3 months may result in the account being deleted.

V. SERVICE MODIFICATIONS AND PRICE CHANGES

  1. The Company reserves the right to modify or discontinue, temporarily or permanently, any part of the Service at any time, with or without notice.
  2. The prices of all Services may change upon a 30-day notice. Such notice may be presented at any time by means of posting changes on the Company's web page or on the Website itself.
  3. The Company shall not be liable to Customers or third parties for any modifications, changes of the prices, suspension or discontinuation of the Service.
  4. The Service may entail limits in terms of mass storage, computing power and primary storage, HTTP request duration, HTTP request size. These restrictions are specified in the description of the Service available on the web page and in the documentation of a given Service. The Company reserves the right to charge fees for additional storage or fees for exceeding limits in accordance with the rates specified on our web page and on the Website itself. The Company may impose new, or modify the existing, mass storage limits for the Service at any time and at its own discretion, with prior notice to the Customer.

VI. PROPERTY AND OWNERSHIP OF THE POSTED CONTENT

  1. All content posted on the Website must comply with Polish copyright law.
  2. The Company shall not claim any intellectual property rights in the materials provided by the Customer to the Service. All uploaded materials shall remain the property of the Customer.
  3. The Company does not check the content but reserves the right to refuse or remove any content available through the Website at its own discretion.
  4. The appearance of the Website is protected by copyright. All rights reserved. It shall be forbidden to duplicate, copy or reuse any part of HTML, CSS, JavaScript or visual and graphic elements without the express written consent of the Company.

VII. GENERAL TERMS AND CONDITIONS OF THE PROVISION OF SERVICES

  1. Use of the Website shall be at the Customer's own risk and for his own needs.
  2. Technical support is provided exclusively via email after a request is sent to the following email address: support@smartmock.io.
  3. The guaranty and timeliness of a response depends on the package purchased by the Customer. The detailed scope of technical support is described in section III paragraphs 6,7, and 8 of these Website Terms and Conditions of Use.
  4. The Customer acknowledges that the Company uses services of external service providers and hosting partners in order to provide the necessary equipment, software, networks, mass storage and related technologies required to run the Service.
  5. Modification, adaptation or hacking of the Service shall not be allowed without the consent of the Company.
  6. It shall be forbidden to modify another web page in such a way as to falsely imply that it is associated with the Website or the Company and this web page.
  7. The Customer undertakes not to duplicate, copy, sell, resell or take advantage of any part of the Service, use the Service or access the Service without the express written consent of the Company.
  8. The Company may delete content and accounts that, at its sole discretion, are unlawful or infringe the intellectual property of any party or these Website Terms and Conditions of Use.
  9. The Services are made available during the Subscription Period, and the ownership right shall not be transferred to the Customer.
  10. The Customer may decide to send comments, opinions, questions or other information to the Company ("Feedback"). The Company may freely use and copy the Feedback in any manner, without any obligations, license fees or restrictions arising from intellectual property rights or otherwise.
  11. The Company is constantly improving its Services. To this end, the Company measures and analyses the ways in which Customers interact with the Services, including usage patterns.
  12. The technical processing and transmission of the Service, including the Customer’s content, may be unencrypted and may include (a) transmissions through different networks; and (b) changes aimed at adaptation to technical requirements of the connecting devices or networks.
  13. The Company reserves the right to temporarily disable the Account if its use significantly exceeds the average use by other customers. The Company shall contact the Customer before taking any steps, except in the rare cases where the level of use may adversely affect the efficiency of the Service for other customers.
  14. The Company does not guarantee that (i) the Service will meet specific user requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained by using the Service will be accurate or reliable, (iv) the quality of any products, services, information or other materials purchased or obtained by the user through the service will meet the Customer’s expectations and (v) that any errors in the Service will be corrected.
  15. The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, where the said damages are related to: (i) inability to use the service; (ii) the cost of purchasing replacement goods and services as a result of any goods, data, information or services purchased or received, or messages received, or transactions concluded, through or from the service; (iii) unauthorised access to, or change of, user data; (iv) statements or conduct of any third party in the service.
  16. The Company's failure to exercise or enforce any right or provision of these Website Terms and Conditions of Use shall not constitute a waiver of such right or provision. These Website Terms and Conditions of Use shall constitute the entire agreement between the Company and the Customer and govern the use of the Services.
  17. This Contract shall be governed by Polish law. Each of the parties hereby submits to the jurisdiction of Polish courts.
  18. All new features that extend or improve the current Service, including the release of new tools and resources, shall be subject to these Website Terms and Conditions of Use. Continuing to use the Service after such changes have been made shall constitute consent thereto.