These Terms and Conditions (“Terms”) govern your access to and use of Mocksie (the “Service”), operated by Darren Paul (“we”, “us”, “our”). By creating an account, making a purchase, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years old (or the minimum age required in your country to consent to the processing of personal data) to use the Service. By using the Service, you represent that you meet this requirement and that you have the legal capacity to enter into a binding agreement.

2. Accounts

To use the Service you must create an account. You agree to:

Provide accurate, current, and complete information
Keep your login credentials confidential and not share them with others
Be responsible for all activity that occurs under your account
Notify us promptly of any unauthorised access or security breach

We may suspend or terminate accounts that contain inaccurate information, are inactive for extended periods, or violate these Terms.

3. Licence to Use the Service

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal or internal business use, subject to these Terms.

You may not:

Copy, modify, distribute, sell, rent, lease, or sublicense the Service or any part of it
Reverse engineer, decompile, or attempt to extract the source code
Use the Service to build a competing product
Scrape, crawl, or use automated means to access the Service except as expressly permitted
Circumvent any access controls or paid feature gates
Use the Service in a way that could damage, disable, overburden, or impair it, or interfere with other users
Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose
Upload content that is illegal, infringing, defamatory, or that contains malware

We reserve the right to investigate suspected violations and to suspend or terminate access without prior notice.

4. Purchases

The Service offers two types of paid features: one-time purchases and subscriptions. Purchases are sold and processed through Polar (polar.sh), which acts as the Merchant of Record for all transactions. This means Polar — not us — is the legal seller of the purchase to you, handles billing, invoicing, and global tax compliance (including VAT, sales tax, and GST where applicable), and is responsible for processing payments and refunds.

By making a purchase, you also enter into a separate agreement with Polar and agree to Polar’s Terms of Service and Privacy Policy, available at https://polar.sh/legal. Your relationship with us is governed by these Terms, which cover your licence to access and use the Service itself.

4.1 One-Time Purchases

Certain features may be unlocked through a one-time purchase. Once purchased, these features remain available to your account indefinitely, subject to these Terms and continued availability of the Service. One-time purchases do not recur and do not auto-renew.

4.2 Subscriptions

The Service offers auto-renewing subscriptions that grant access to additional features for the duration of the subscription period.

Billing: Polar will charge your chosen payment method at the start of each billing period (e.g., monthly or yearly) on our behalf as Merchant of Record.
Auto-renewal: Your subscription automatically renews at the end of each billing period at the then-current price, unless you cancel before the renewal date.
Cancellation: You can cancel at any time from your account settings in the Service or through Polar’s customer portal. Cancellation takes effect at the end of the current billing period — you retain access until then. Cancelling does not entitle you to a refund of fees already paid.
Failed payments: If a renewal payment fails, Polar may retry the charge in accordance with its retry policy, and we may suspend access to subscription features until payment is successfully made.
Free trials: If a free trial is offered, you will be charged at the start of the first paid billing period unless you cancel before the trial ends. Each user is generally limited to one free trial.

4.3 Feature Access on Subscription Expiry or Cancellation

Subscription features are licensed, not sold. When your subscription ends — whether through cancellation, non-renewal, payment failure, or termination — access to subscription-only features will be locked and become unavailable until the subscription is renewed or reactivated. Data and content you created during your subscription period may be retained on your account for a reasonable period (see Section 11) but may not be accessible, editable, or exportable while the subscription is inactive, except where required by law.

One-time purchases are not affected by subscription status and remain accessible.

4.4 Pricing and Changes

Prices are displayed in the Service at the time of purchase. As Merchant of Record, Polar will calculate and add any applicable taxes (such as VAT, sales tax, or GST) at checkout based on your location, and is responsible for remitting those taxes to the relevant authorities. We reserve the right to change prices at any time. For subscriptions, we will provide at least 30 days’ advance notice of any price increase, and you may cancel before the new price takes effect.

4.5 Refunds

Except where required by applicable law, all fees are non-refundable. Because Polar is the Merchant of Record, all refunds are processed by Polar in accordance with Polar’s refund policy. We may, at our sole discretion, request that Polar issue a refund or credit to you on a case-by-case basis, but we do not directly process refunds.

EU/UK consumers: By starting to use the Service or accessing paid features immediately after purchase, you expressly request immediate performance and acknowledge that you waive your statutory 14-day right of withdrawal under EU/UK consumer law for digital services and digital content once performance has begun with your consent.

5. User Content

You retain ownership of any content you create, upload, or store through the Service (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, and process that content solely as necessary to provide the Service to you and as described in our Privacy Policy.

You are solely responsible for your User Content and represent that you have all rights necessary to grant this licence and that the content does not violate any law or third-party right. We may remove User Content that violates these Terms or applicable law.

6. Intellectual Property

All rights, title, and interest in the Service — including its design, code, content, trademarks, logos, and branding — are owned by us or our licensors and are protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service. We welcome feedback and suggestions, and you agree that we may use any feedback you provide without restriction or compensation to you.

7. Service Availability

We aim to keep the Service available and functioning reliably, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or causes beyond our reasonable control. Unless we have a separate written Service Level Agreement with you, we provide no uptime guarantee.

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. Where reasonable, we will give advance notice of significant changes that materially affect paying users.

8. Third-Party Services

The Service may integrate with or rely on third-party services (for example, payment processing, authentication, analytics, hosting, or AI providers). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their content or practices.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. If you are a business customer processing personal data through the Service, our Data Processing Agreement (available on request) may also apply.

10. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation. We do not warrant that the Service will meet your requirements, that any errors will be corrected, or that any data will be free from loss or corruption.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

11. Termination and Data Retention

You may terminate your account at any time by cancelling through your account settings or contacting us. We may suspend or terminate your access if you violate these Terms, fail to pay fees, or for legitimate operational reasons, with reasonable notice where practicable.

On termination:

Your right to access the Service ends immediately
We may delete your account and associated data after a retention period of 30 days, except where we are required to retain data by law
You are encouraged to export any data you wish to keep before terminating, using the Service’s export tools (where available)
Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive

12. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of data, profits, revenue, business, or goodwill, arising from your use of or inability to use the Service. Our total aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) 50 EUR.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including, for EU/UK consumers, liability for death, personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded).

13. Indemnification

To the extent permitted by law, you agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and reasonable expenses (including legal fees) arising from your violation of these Terms, your misuse of the Service, your User Content, or your infringement of any third-party right. This section does not apply to EU/UK consumers to the extent it is inconsistent with applicable consumer protection law.

14. Changes to These Terms

We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. We will notify you of material changes by email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel any active subscription.

15. Governing Law and Disputes

These Terms are governed by the laws of Portugal, without regard to its conflict-of-law principles. Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Aveiro, Portugal, except where mandatory consumer protection laws grant you the right to bring proceedings in your country of residence or to rely on the consumer protection rules of that country.

EU consumers may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16. Miscellaneous

Entire agreement: These Terms (together with the Privacy Policy and any other documents referenced) constitute the entire agreement between you and us regarding the Service.
Severability: If any provision is found unenforceable, the remaining provisions will remain in full effect.
No waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
Force majeure: We are not liable for any failure or delay caused by events beyond our reasonable control.

17. Contact

Questions about these Terms? Contact us at:

Darren Paul — drobertpaul@gmail.com