Terms of Service

1. Who we are and what these terms cover

moqtap is operated by [ENTITY], [ADDRESS], registered under [REGISTRATION] ("moqtap", "we", "us").

These terms cover the hosted service, which is:

• moqtap accounts and workspaces, at app.moqtap.com;
• the moqtap API at api.moqtap.com, used by the browser extension, the command-line tool and your own scripts;
• the trace library, and the share links made from it;
• Insight telemetry collection at moqgest.com, and the views built from it, where your plan includes them.

The moqtap browser extension, the moqtap command-line tool and the protocol libraries are open source. You use them under their own licences, which these terms do not change. These terms apply when those tools use the hosted service, for example to sign in or to share a trace. The tools on moqtap.com, such as the moqtrace inspector, need no account.

The data processing agreement is part of these terms. It applies whenever moqtap processes personal data on a customer's behalf.

2. Accounts

• You must be at least 16 years old and able to make a binding contract to have an account.
• If you use the service for a company or other organisation, you accept these terms on its behalf and confirm that you are allowed to. In these terms, "you" then means that organisation as well as you.
• You sign in with GitHub, with Google, or with a one-time code sent to your email address. Keep access to those accounts and to your devices secure. You are responsible for what is done through your account.
• If you think someone else has used your account, sign out the affected devices under Devices and tell us at security@moqtap.com.

Every account has a personal workspace that only its holder can see. A team workspace belongs to the organisation that runs it. Its owners decide who is a member, what role each member has and how long its data is kept. When we say "customer" in these terms and in the data processing agreement, we mean the person or organisation that holds the account or runs the team workspace.

3. Your content

Your content is what you or your workspace put into the service: traces, scenarios, notes, telemetry your applications send to moqgest.com, and the names and settings you give them. You keep all rights in it.

You give moqtap permission to store, copy, process and display your content only as needed to run the service for you and for the people you share it with. That permission ends when the content is deleted, subject to the backup periods in section 9.

We look at your content only to run the service, to keep it secure, to deal with a report of abuse, when you ask us to, or when the law requires it. We do not sell it and do not use it for advertising.

A trace records what crossed a connection. That can include authentication tokens, other people's identifiers, and media or data payloads. Before you upload or share a trace, remove anything that should not leave your machine. You need the right to upload what is in it, and if it contains personal data, a lawful basis for doing so.

4. Share links

A share link lets anyone who has it view the trace or scenario it points to, without an account. Each link expires at the time chosen when it is made, between 1 and 90 days later, and you can revoke it at any time before that. You decide who receives a link, and you are responsible for sharing it only with people who may see what it contains.

5. Acceptable use

You agree not to:

• upload, share or send anything that is unlawful, or that you have no right to use;
• upload credentials, keys or tokens that belong to someone else, unless you are entitled to hold them and to put them in a trace;
• use the service to host or distribute content unrelated to inspecting or monitoring media delivery;
• probe, scan or test the security of the service without our written permission, except for good-faith research reported to security@moqtap.com as described on the trust page;
• disrupt or overload the service, get around its limits, or access accounts, workspaces or data that are not yours;
• send telemetry to moqgest.com from applications you do not operate or have no permission to measure;
• resell the service, or use it to build a competing service, without our written agreement.

To report content that breaks these rules, or a trace that holds your data, email hello@moqtap.com with the share link.

6. Free and paid plans

• Some of the service is free. What a free account includes, and its limits, can change. We give notice before a change removes something you rely on.
• Paid plans, what each includes and their prices are shown on moqtap.com or in an order form agreed with you. An order form takes precedence over the website for your account.
• Fees are charged in advance for each billing period. Prices do not include taxes such as VAT, which are added where the law requires.
• A paid plan renews at the end of each period until it is cancelled. You can cancel at any time, and the cancellation takes effect at the end of the period you have paid for.
• Fees already paid are not refunded, except where these terms say otherwise or the law requires a refund.
• We give at least 30 days' notice of a price change. It applies from your next renewal, and you can cancel before then.
• If a payment fails and is still unpaid 14 days after we tell you, we may move the account to the free plan or suspend paid features until it is paid.

7. Availability

We work to keep the service running and to fix problems quickly, but we do not promise that it will always be available or free of errors. There is no service level agreement unless one is agreed with you in writing. We may change the service, and we give notice before a change that takes away a significant feature of a paid plan.

8. Suspension and termination

You can stop using the service at any time, delete a workspace you own, or delete your account.

We may suspend or close an account or workspace if:

• it breaks these terms, in particular section 5;
• it puts the security of the service or of other customers at risk;
• fees remain unpaid as described in section 6;
• the law or a court or authority requires it.

Where we can, we tell you first and give you a chance to fix the problem. We suspend only the part of the service that is affected when that is enough.

We may also stop offering the service, or end these terms for convenience, with at least 30 days' notice. In that case, we refund the fees you paid for any period after the end date.

9. Getting your data out, and deletion

• You can download your traces, and export a copy of your account data, from the account pages.
• Owners of a team workspace can export its security log.
• You can also ask for a copy of what we hold about you, or for its deletion, at hello@moqtap.com.
• A deleted account is removed 30 days after deletion. Deleting a team workspace deletes its traces, scenarios, share links and telemetry.
• Backups are kept for up to 35 days, so deleted data can remain in a backup until it ages out.

How long each kind of data is kept is listed on the trust page. If we close an account for a reason other than a serious breach of these terms, we give you at least 30 days to download your data first.

10. Personal data

The privacy page describes how we handle the data we are responsible for ourselves, such as your account and sign-in records. The data processing agreement covers the personal data we process on a customer's behalf, such as Insight telemetry and the contents of a team workspace.

11. No warranty

The service is provided as it is and as available. To the extent the law allows, we make no promises about it beyond those in these terms, including any implied promise that it is fit for a particular purpose. This is especially so for the free plan. Nothing in this section limits the rights a consumer has by law.

12. Limitation of liability

Each party's total liability under these terms in any 12-month period is limited to the greater of the fees you paid moqtap in the 12 months before the event that gave rise to the claim, and 100 euros.

Neither party is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill, even if it was foreseeable.

These limits do not apply to liability for death or personal injury caused by negligence, for fraud, for damage caused intentionally or by gross negligence, to your obligation to pay fees or your obligations under section 13, or to any liability that the law does not allow to be limited.

13. Claims about your content

If you use the service for a business, you will defend moqtap against claims by third parties that arise from your content or from your breach of section 5, and cover the damages and reasonable costs that result. We will tell you promptly about such a claim, let you control its defence, and help you with it at your expense. This section does not apply to consumers.

14. Changes to these terms

We tell you about a material change to these terms at least 30 days before it takes effect, by email to the address on your account and on this page. If you do not agree to the change, you can stop using the service and delete your account before it takes effect, and we refund the fees you paid for any period after that date. Smaller changes, such as corrections and clearer wording, take effect when they are published here.

15. Governing law and disputes

These terms are governed by the law of [GOVERNING LAW]. The courts of [COURTS] have jurisdiction over any dispute about them.

If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and you can also bring a claim in the courts there. Nothing in these terms takes away a right a consumer has by law, including any right to withdraw from a purchase.

16. General

• These terms, the data processing agreement and any order form are the whole agreement between you and moqtap about the service.
• If part of these terms cannot be enforced, the rest still applies. Not enforcing a right straight away does not give it up.
• We may transfer these terms to a company that takes over the service, and we tell you if we do. You may transfer them only with our written agreement.
• Neither party is liable for delays caused by events outside its reasonable control.