This JsonServer.io Services Agreement is between JsonServer.io, a in Germany located Company (“JsonServer.io” or “We”, "Our", "Us") and the customer (“Customer”, "User" or “You”) ordering the JsonServer.io Services or using the website(s) operated by Us (the “Website”, "Platform"). The Services are exclusively reserved for a professional use and are not available to minors under the age of 18. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
The following words, when capitalized, have the meaning stated:
“Agreement” means collectively this JsonServer.io Services Agreement, any applicable Service Order, and any other addenda which govern the provision of the Sites and Services.
“Intellectual Property” means patents, copyrights, trademarks, trade secrets, and any other proprietary intellectual property rights.
“Confidential Information” means non-public information disclosed by one party to the other in any form that: (i) is designated as “Confidential”; (ii) a reasonable person knows or reasonably should understand to be confidential; or (iii) includes either party’s products, customers, marketing and promotions, know-how, or the negotiated terms of the Agreement; and which is not independently developed by the other party without reference to the other’s Confidential Information or otherwise known to the other party on a non-confidential basis prior to disclosure. Confidential Information shall not include User Submitted Content.
“User Data” means all data which have been created and generated by the Customer on our Platform.
“Saved Resource" or "Fake Resource” means a json formatted string, created and saved by the Customer on our Platform, which is used to generate and receive fake data via Our API.
“Fake API Server(s)” means a software based workspace which bundles Saved Resources and API requests.
“Fake Data" means random generated and Json formatted strings and numbers, which are based on User input.
“JsonServer.io Services” or "Services" means the services identified in a specific Service Order or otherwise the provided subjects in terms of this Agreement. Chargeable Services which are provided on an on-going basis over a defined term are referred to as “Recurring Service”
“Service Order” means the document which describes the Services you are purchasing, including any online order, process, or tool through which you request or provision Services.
JsonServer.io will provide the Services in accordance with the Agreement and all applicable laws. We use commercially reasonable efforts to generate and provide Json formatted random data over HTTP, which are based on User input. You may create and manage Fake API Servers, Teams and Saved Resources with limitation in the quantity and specific restrictions based on the active plan. Our Services are intended for use in development only. If you have more Fake API Servers or Fake Resources then Your active plan allows, the newest created Fake API Servers or Fake Resources will be suspended/freeze automatically, until You change to a corresponding plan. If you have more Teams then the active plan allows, the newest Teams will be dissolved and all team members except the creator will lose access to shared servers.
We may make changes to our Services, its related products or subjects or any website provided by us at any time without notice and we do not make any commitment to update any Service or Website.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You may use the Services for commercial and professional purposes only and may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person or physical or environmental damage. You must cooperate with JsonServer.io’s reasonable investigation of outages, security problems, and any suspected breach of the Agreement. You are responsible for keeping your account, billing, and other account information up to date. You agree that you are solely responsible for the suitability of the Services and your compliance with any applicable laws, including export laws and data privacy laws. You also agree to ensure that your own users comply with this Agreement.
You agree to comply with the JsonServer.io documentation found on the respective website and agree that JsonServer.io may establish new procedures for your use of the Services as it deems necessary for the optimal performance of the Services
JsonServer.io may suspend the Services without liability if: (i) JsonServer.io reasonably believes that the Services are being used in violation of the Agreement; (ii) you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement; (iii) there is an attack on the Services or your Services are accessed or manipulated by a third party without your consent, (iv) JsonServer.io is required by law or by a regulatory or government body to suspend the Services, or (v) there is another event for which JsonServer.io reasonably believes that the suspension of the Services is necessary to protect the JsonServer.io network or our other customers.
You agree that multiple repeated penetrating usage of our Services which may has negative impact to the global usage will also result in account suspension and license termination. If not expressly permitted, you may not:
If You violate any of this restrictions, your license shall be terminated at/for any time and Your account shall be suspended/blocked for any time.
There is no fee for general browsing of the Sites, however some Services are made available on a fee basis, in which case We will notify You at the time You sign-up for such Services. Unless otherwise specified in writing at the time You enroll in any fee-based Services, any such fees applicable are due as of the date You enroll in such Services. If You have arranged for payment by credit card, We may charge your card or account on or after then enrollment date (and each subsequent renewal date) without further authorization or notice. If we agree to invoice You for Services, fees are due within 5 days of the invoice date. Charges and invoices that are not disputed within 90 days of payment (in the case of charges) or invoice date (in the case of invoices) are conclusively deemed accurate.
No refunds or credits shall be due or provided with respect to pre-paid fees for partial service term periods which are terminated by You or for Your breach of the Agreement. We may, in Our sole discretion, provide You with a refund for any elements of the Services.
Our Services and all related products and subject are provided on an "AS-IS" basis and We do not promise/warrant that the Sites or Services will be uninterrupted, error-free, or completely secure and We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of Our Services, its related products or subjects on any website provided by us. You acknowledge that there are risks inherent in Internet connectivity that may result in the unauthorized access to or loss of information You provide as part of Your use of the Sites and Services.
Direct Damages. Notwithstanding anything in the Agreement to the contrary, except for liability arising from: (i) death or personal injury caused by negligence, (ii) willful misconduct, (iii) fraudulent misrepresentation or (iv) any other loss or damages for which such limitation is expressly prohibited by applicable law, the maximum aggregate monetary liability of JsonServer.io and any of its Representatives in connection with the Sites and Services or the Agreement under any theory of law shall not exceed the greater of (i) the total amount of fees paid by You to JsonServer.io for use of the Sites and Services in the 6 months immediately preceding the events giving rise to the claim. We are not liable for any damages arising out of the use or inability to use of our Services, Platform or any Website provided by us. You acknowledge that JsonServer.io does not control the transfer of Data via the internet, and cannot be held responsible for response problems arising from internet or other outside connection issues.
Indirect Damages. Neither JsonServer.io nor any of Our Representatives shall be liable to You for any indirect, special, incidental, exemplary or consequential loss or damages of any kind. JsonServer.io shall not be liable for any loss that could have been avoided by Your use of reasonable diligence, even if the party responsible has been advised or should be aware of the possibility of such damages. In no event shall We or Our Representatives be liable for any punitive damages or for any loss of profits, data, revenue, business opportunities, customers, contracts, goodwill or reputation.
If We, our Affiliates, or any of Our or their Representatives (the “Indemnitees”) is faced with a legal claim by a third party arising out of Your actual or alleged: gross negligence, willful misconduct, fraudulent misrepresentation, breach of applicable law, breach of Your agreement with any third party (including a tenant, landlord, or roommate), or Your breach of the Agreement, then You will pay the cost of defending the claim (including reasonable legal fees) and any damages award, fine or other penalty that is imposed on the Indemnitees as a result of the claim. Your obligations under this Section include claims arising out of the acts or omissions of Your employees or agents, and anyone making use of Your User Account, even if the acts or omissions of such persons were not authorized by You.
This Agreement is effective as of the Effective Date and shall continue to govern Your use of the Sites and Services until terminated by JsonServer.io or superseded in accordance with its terms. JsonServer.io may terminate this Agreement and cease provision of the Sites and Services, or any part thereof, with or without notice, in its sole and exclusive discretion, for any reason whatsoever with no liability other than to refund any unused pre-paid fees for terminated portions of the Services. Either party may terminate the Agreement or the affected Service Order(s) for cause on written notice if the other party materially breaches the Agreement and does not remedy the breach within 30 days of the other party’s written notice describing the breach. If Your account becomes overdue at any time, We may terminate the Agreement or the applicable Service Orders for breach without further notice. Some Services offer term and automatic renewal options, which will be identified in the applicable Service Order. If no term or renewal period is stated in a Service Order, then the Service Order shall default to month-to-month term, automatically renewing for successive 1 month periods until one party provides the other with notice of termination.
Each party agrees not to use the other’s Confidential Information except in connection with the performance or use of the Sites and Services, the exercise of its legal rights under this Agreement, or as required by law, and will use reasonable care to protect Confidential Information from unauthorized disclosure.
The Agreement is governed by the laws of Wiesbaden, Germany, exclusive of any choice of law principle that would require the application of the law of a different jurisdiction. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts in Wiesbaden, and we each agree not to bring any action in any other venue.
To give a notice regarding termination of the Agreement for breach, indemnification, or other legal
matter, you must send it by electronic mail and first-class post to the following.
JsonServer.io is provided and owned by:
David Lung
Alte Schmelze 21
65201 Wiesbaden.
Email: info@jsonserver.io