Introduction
Your use of the NinjaMock Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):
Privacy Policy
Cookie Policy
Copyright Policy
If you register on behalf of a company, you represent to NinjaMock that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that company.
Changes and Modifications
NinjaMock may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.
As long as you comply with this Agreement, NinjaMock grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links to Other Sites
The Service may contain links to or allow you to interact with and make use of other independent third-party websites, products or services (“Third-Party Sites, Products and Services”). Access to Third-Party Sites, Products and Services is provided solely as a convenience to our visitors. Such Third-Party Sites, Products and Services are not under NinjaMock’s control and NinjaMock does not necessarily endorse the content, advertising, products, services or other materials on or available from such Third-Party Sites, Products and Services. Your use of any Third-Party Sites, Products and Services may be subject to the third-party provider’s terms and conditions and privacy policy and may involve the disclosure or transfer of information from or about you to the third-party provider. You will need to make your own independent judgment regarding your use of and interaction with any Third-Party Sites, Products and Services. You acknowledge and agree that NinjaMock is not responsible for the availability of any Third-Party Sites, Products and Services and that NinjaMock shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with you use of or interaction with any Third-Party Sites, Products and Services.
Description of Service
NinjaMock is a creative mockup tool for designing and presentation of app’s and web. The Service combines creative thinking and technological expertise to allow you to seamlessly create your own high-quality projects, test them on your devices, and share them with colleagues, business partners and customers.
Conditions of Use and User Conduct
As a condition of use, and the licenses granted to you herein, you agree to the following:
Certain components of the Service permit or require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify NinjaMock immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.
You must not use the Service to harass, threaten, impersonate, or intimidate anyone.
You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).
You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
You must not use the Service, or any presentation produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of NinjaMock for the topic and/or creator of the presentation.
You must not share use of your account with any other person.
Age Restrictions on Use of the Service
Users must be 13 years of age or older to use the Service. By using the Service you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Service, your NinjaMock account, or otherwise interact with the Service. NinjaMock will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who NinjaMock knows is under 13 years of age. If NinjaMock discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, NinjaMock will terminate the account and remove the information and other content.
Account Types
NinjaMock offers a variety of user accounts. You can find out about all the types of accounts, as well as their features and pricing
User Content and Options
General
NinjaMock offers a number of ways to share, or not share, your mockups with others.
If you have a NinjaMock Free account, all of the content you create, including all of the information within your mockups, and your username will be available to anyone who has access to the internet (“Public User Content”). Public mockups can be viewed by other NinjaMock users, will appear in the searchable NinjaMock database, and will be available for others to access and view online. Accordingly, you hereby do and shall grant to each User and to the public a worldwide, non-exclusive, revocable license to access, view and publicly perform your Public User Content. This license ends when you delete the mockup or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.
If you are making use of the Service to display or edit Private User Content for profit, you are required to have a paid NinjaMock account. If you have an educational or paid NinjaMock account, your username may be shared by NinjaMock with others who we think might be interested in you, and you can choose to make your content Public User Content, or Private User Content. Mockups designated as Private User Content, will not be available to the public. Rather, they will be available to you, and to those NinjaMock users with whom you have chosen to share the content. You may invite one or more persons to view your mockup by sending them a “share” link. You can learn more about sharing . You hereby do and shall grant to each Invited Viewer a worldwide, non-exclusive, revocable license to access, view and publicly perform your Private User Content. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.
Regardless of whether your mockup has been designated Public User Content or Private User Content, you may choose to share a mockup in a manner that allows the person you’ve shared the presentation with to edit that mockup. You can learn more about sharing with edit rights . You hereby do and shall grant to each Co-editor a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content of which they are Co-editors. This license ends when you delete the content or your account is closed (either by you or by us), except to the extent that the content has been shared with the Co-editors and they have not deleted it.
Allowing Re-use. If you designate your content as Public User Content, you may choose to “allow re-use” of that content . When you allow re-use of your Public User Content, you hereby do and shall grant to each user of the Service a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit your content. This license ends when you delete the mockup or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it. The “allow reuse” option is enabled by default for NinjaMock Free users when creating new NinjaMock projects. NinjaMock Pro users can choose to “allow re-use” at any time.
If you collaborate with other users on one or several of your projects you you can choose to appoint an “Administrator” that is financially responsible for any fees associated with the NinjaMock account belonging to that entity. Please note that the Administrator controls your NinjaMock account and may, among other things:
Manage your account, including changing the privacy settings
Suspend or cancel your account
Grant, restrict or block access to your account
View your account’s usage, including how and when your account is used
View your account’s profile data
Read, copy, modify, export, share, store or delete content (both Public User Content and Private User Content) in your account
Make Public User Content private
Make Private User Content public
You hereby do and shall grant to the Administrator a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the Public User Content or Private User Content of your NinjaMock account. This license ends when you delete the projects or your NinjaMock account is closed (either by you, the Administrator or by us), except to the extent that the content has been shared with others and they have not deleted it.
If you sign up for a NinjaMock Free plan or a NinjaMock Pro plan with an e-mail address using a domain owned by an organization (“Organization”) then, depending on your country of habitual residence and the agreement entered into between us and the Organization, your account is subject to the terms and conditions of the agreement between NinjaMock and the Organization. Please note that the Organization controls your Account and may have the same rights with regard to your account that a Administrator has with regard to a NinjaMock account.
Licenses You Grant to NinjaMock For Use of Public User Content and Private User Content
In order to provide the Service to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our servers. We need to create derivative works and modify the content, for example, when transcoding an uploaded image into a format that will work most efficiently with the Service.
With respect to Private User Content, you hereby do and shall grant to NinjaMock (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content solely for the purpose of providing you, and those with whom you have shared your presentations, with the Service. This license ends when you delete your Private User Content or your account is closed (either by you or by us), except to the extent that your Private User Content has been shared with others and they have not deleted it.
With respect to Public User Content, you hereby do and shall grant to NinjaMock (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content (1) for the purpose of providing you, and those with whom you have shared your presentations (including the public), with the Service; and (2) in connection with promotion and marketing of NinjaMock products and services, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like. This license ends when you delete your Public User Content or your account is closed (either by you or by us), except (i) to the extent that your Public User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a backup copy of your Public User Content indefinitely.
Regardless of whether you designate content public or private, NinjaMock makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.
Expiration and Revocability of Licenses
NinjaMock makes it easy for users with qualified accounts to change a mockups public/private, and “allow reuse” status at any time.
However, uses made of your mockup or the underlying User Content, whether by NinjaMock or its users, are subject to the licenses that were in place at the time such use was originally made by the person or entity who originally made the use. For example, licensed uses of Public User Content, or content that allows reuse, may continue to be made after such content is designated Private User Content, by those users who previously used the content under the prior license.
Third Party Content
NinjaMock gives you the option, when creating or editing a project, to search for and insert third party content into your presentation. Such third party content is subject to certain license terms. For example, if you use an image that is licensed pursuant to a Creative Commons license that prohibits commercial use, you may not use the image for commercial purposes. Some license terms may limit the manner in which you are permitted to share content with others, or to allow re-use of a presentation. You agree to review and comply with the license terms applicable to any third party content in a presentation.
Payment Terms
Payment for Subscription
You agree to pay the then-current fee for the account type (e.g. Free, Pro or the like) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you signed up and then every 30 or 365 days after (depending on the billing cycle which applies to your account). Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars.
Fraud Protections
To protect against potential fraud, NinjaMock may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. NinjaMock will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing NinjaMock with your credit card information, you authorize NinjaMock to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
Cancellation of Subscription
Payment for subscriptions is non-refundable. If you cancel your recurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.
Termination
If your credit card is invalid for any reason, your paid NinjaMock account will revert to a NinjaMock Free account and will be subject to the limitations of a Free NinjaMock account; provided, however, that NinjaMock reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a NinjaMock Free account. NinjaMock further reserves the right to cancel, or revert to a NinjaMock Free account status, the account of any user who attempts to fraudulently obtain NinjaMock educational pricing.
Intellectual Property, Infringement and Warranties
When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to NinjaMock the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.
NinjaMock’s Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “NinjaMock Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such NinjaMock Content, contained on the Service is owned, controlled, or licensed by or to NinjaMock, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.
As a user of the NinjaMock Service, NinjaMock grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at NinjaMock’s sole discretion, to use (i) the NinjaMock name and (ii) the NinjaMock logo, unaltered, unmodified, and as it appears on the ninjamock.com website solely for the purpose of truthfully referring to NinjaMock, including for use in creating a website that explicitly references NinjaMock (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no NinjaMock Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by NinjaMock, or affiliated with NinjaMock, (ii) no NinjaMock Content beyond the NinjaMock name and logo may be used, (iii) any such use must be of the full NinjaMock name and/or unaltered and current NinjaMock logo, (iv) any such use may in no way disparage NinjaMock, any user of the NinjaMock Service, or any third party, and (v) any website that uses NinjaMock Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by NinjaMock.” You agree to make no other uses of the NinjaMock name and logo beyond those expressly allowed herein, pursuant to a Use License.
Except as expressly provided in this Agreement or otherwise permitted by law, no NinjaMock Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without NinjaMock’s express prior written consent.
Termination - Breach of This Agreement
You agree that NinjaMock may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is NinjaMock’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties. NinjaMock will grant you a pro rata refund of any subscription fees only in case NinjaMock terminates your account without cause.
If NinjaMock takes any legal action against you as a result of your breach of this Agreement, NinjaMock will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to NinjaMock.
Disclaimer of Warranties
While NinjaMock attempts to make User Content available through the Service, NinjaMock does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that NinjaMock will not be liable to you or to any third party for termination of your access to the Service for any reason.
You expressly understand and agree that your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. NinjaMock and its subsidiaries, directors, officers, employees, stockholders, and licensors (the “NinjaMock affiliates”) expressly disclaim all representations, warranties, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title or any warranty or condition arising by usage of trade, course of dealing or course of performance. NinjaMock and the NinjaMock affiliates make no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure, or error-free; (c) user content will be hosted and/or transmitted without interruption or cessation; (d) any products, sites, information, or other material, whether in tangible or intangible form, purchased or obtained by you through the service will meet your expectations or any standard of quality; and (e) any defects in the operation or functionality of the service or related software will be corrected.
Any material, information, or data downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system and/or loss of data that result from the download of such material. No advice, representation or information, whether oral or written, obtained by you from NinjaMock, the NinjaMock affiliates, or through the Service shall create any warranty not expressly stated in the agreement.
Limitation of Liability
You expressly understand and agree that NinjaMock and the NinjaMock affiliates will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you, however caused. This includes, but is not limited to, any loss of profits, goodwill, or business reputation; any loss of data; any cost of procurement of substitute goods or services; or any other intangible losses. This also includes, without limitation, any loss or damages that may be incurred by you as a result of (a) any changes that NinjaMock may make to the Service; (b) any permanent or temporary cessation of the Service; (c) the deletion or corruption of or failure to store any content or other property maintained through the Service; or (d) your failure to keep your password or account details secure. The limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if we (or our affiliates) have been advised of the possibility of such damages.
To the extent permitted by law, the total liability of NinjaMock, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
You specifically acknowledge that NinjaMock and the NinjaMock affiliates shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Exclusions and Limitations
Some jurisdictions do not permit the exclusion of certain warranties or conditions or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, NinjaMock and/or the NinjaMock affiliates’ liability will be limited to the maximum extent permitted by law.
Please Review Mockups For Appropriate Content Before Use
NinjaMock has not reviewed the mockups featured on the Service to determine whether they are suitable or appropriate for your intended audience. Before using any of the mockups featured on the Service, please pre-view them carefully to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. NinjaMock is not responsible for the content of any mockups on the Service. If you find any content on the Service that you believe is objectionable, or that violates NinjaMock’s terms of use or conduct guidelines, please feel free to notify us at ninjas@ninjamock.com.
Indemnification
You agree to indemnify and hold NinjaMock and/or the NinjaMock Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by NinjaMock and/or the NinjaMock Affiliates in connection with any claim arising out of your breach of the Agreement. NinjaMock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
General Terms
Entire Agreement. This Agreement is the whole legal agreement between you and NinjaMock. It governs your use of the Service and completely replaces any prior agreements between you and NinjaMock with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from NinjaMock. The laws of the State of Florida in the United States of America, without regard to conflicts of laws principles, will apply to any disputes arising out of or relating to these terms or the NinjaMock Service.
Any dispute arising out of or relating to these terms or the NinjaMock Service shall be submitted exclusively to confidential binding arbitration in Florida, USA. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of USA. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.
If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If NinjaMock does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. NinjaMock may assign or delegate some or all of its rights and obligations under this Agreement.
How to Contact Us
You may contact us by visiting: ninjamock.com
You can mail us at: ninjas@ninjamock.com
NinjaMock’s mailing address is:
NINJAMOCK LLC
66 West Flagler Street STE 900