§ 1 Subject matter of the contract
(1) JR Verwaltungs- und Holding GmbH (hereinafter referred to as "Mockbank" or "JR Holding") operates a software-based interface (hereinafter referred to as "API") and Admin Console, which in principle enables persons (hereinafter referred to as "Users") to access various subsystems of JR Holding as well as systems of other banks and financial service providers. Users may use the API in accordance with these Terms of Use within the framework of a test environment. Mockbank provides a test environment and the API integrated therein are hereinafter also collectively referred to as the "Sandbox". Commercial use of the API is not subject to these Terms of Use. It requires a separate license from JR Verwaltungs- und Holding GmbH or through an authorized reseller.
(2) Via the sandbox, users can in particularcreate and manage transaction data (customers, bank accounts, turnover)retrieve transaction data via PSD2 APITrigger transactions via PSD2 and internal APIManage rules for automated transaction creationUsers can currently use the features only with anonymized test data sets ("demo data").
Mockbank can add more functionality to the sandbox. The Sandbox or parts thereof may be in pre-release states and will be continuously developed by JR Holding. Therefore, in the course of using the Sandbox, malfunctions and data loss may occur.
§ 2 Registration for the Sandbox
(1) Prerequisite for the use of the sandbox is the registration as well as the agreement of the user to these terms of use. A User may register for the use of the Sandbox on the website https://app.mockbank.io/signup. Upon confirmation of the registration via a confirmation link sent by JR Holding, a contract for the use of the Sandbox including the API integrated therein ("User Contract") is concluded between the User and JR Holding. JR Holding may refuse to admit a user without stating reasons.
(2) The User is obliged to keep the data provided during the registration process up to date. If a change occurs during the term of this contract, the User must correct the corresponding information in the settings without delay. If the information in the settings cannot be changed, the user is obliged to communicate the changed data in text form (e.g. by e-mail).
(3) The user is liable for all activities that are carried out using his user account. This does not apply if a user is not responsible for the misuse of his user account.
§ 3 Availability of the Sandbox
(1) The right to use the services and functions available via the Sandbox exists only within the scope of JR Holding's technical and operational possibilities. JR Holding endeavors to ensure that the Sandbox and its functions can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical malfunctions (such as power supply interruptions, hardware and software errors, technical problems in the data lines).
(2) JR Holding may temporarily restrict services insofar as this is necessary to ensure the security and integrity of the technical facilities, to implement technical measures that serve the proper or improved provision of services, or in the event of the occurrence of unforeseeable technical disruptions such as, in particular, interruption of the power supply, hardware or software errors, or technical problems in the data lines. In such cases, there is no entitlement to use the Sandbox. JR Holding will inform the User of this in text form and take all reasonable steps to restore the availability of the API.
§ 4 Change of services
(1) JR Holding is entitled at any time to change or supplement the services provided via the Sandbox, to make new services available and to discontinue the provision of services. In particular, JR Holding may partially or completely discontinue the operation of certain versions of the Sandbox or the API integrated therein.
§ 5 Protection of content, responsibility for third-party content
(1) The content and functions available via the Sandbox may be subject to copyright or other proprietary rights and may be the property of JR Holding or third parties. The user may only use these contents and functions in accordance with these Terms of Use.
(2) The content and functions available via the Sandbox originate partly from JR Holding and partly from third parties (the latter hereinafter referred to as Third Party Content). JR Holding does not check the completeness, correctness and legality of Third Party Content and therefore assumes no responsibility or warranty for the completeness, correctness, legality and up-to-dateness of Third Party Content. This also applies with regard to the quality of the Third Party Content and its suitability for a particular purpose.
§ 6 Scope of Permitted Use, Monitoring of Use Activities
(1) The right of use is limited to access to the sandbox and to use of the services available via the sandbox within the scope of these Terms of Use. JR Holding grants the User a limited, revocable, non-exclusive and non-transferable right to use the Sandbox and the content and functions provided therein for the duration of this User Agreement. The use is only permitted for development, testing and evaluation purposes. Apart from the rights expressly granted above, the User shall have no other rights. In particular, use for commercial purposes is excluded. Mandatory legal rights of the user remain unaffected.
(2) If JR Holding makes new versions, upgrades, or updates to the Sandbox during the term, the above rights also apply to these.
(3) The User is responsible for creating the technical conditions within his sphere of influence for the use of the services available via the Sandbox. JR Holding does not owe any advice in this regard.
(4) JR Holding points out that the usage activities can be monitored to the extent permitted by law. This may also include the logging of IP connection data as well as its evaluation in the event of a concrete suspicion of a violation of these Terms of Use and/or in the event of a concrete suspicion of any other illegal act or criminal offense.
§ 7 Special Duties of Care of the User
(1) The User shall refrain from any action which is likely to impair the smooth operation of the Sandbox or the systems linked thereto, in particular from placing an excessive load on the Sandbox or the systems linked thereto.
(2) The User is obligated to keep his login data secret. He must inform JR Holding immediately if there are indications that login data is being misused by third parties.
(3) The user ensures that no malware (e.g. computer viruses, Trojans, etc.) is present on his devices that could lead to damage or impairment of the hardware or software of JR Holding or companies or users networked via the Sandbox. The same applies with regard to third-party software used by the user, including special encryption software.
§ 8 Content and functions provided by the user
(1) Insofar as the data, content and functions ("User Content") transmitted by the User to JR Holding or linked to the Sandbox are the property of the transmitting User, the User grants JR Holding the gratuitous and transferable right to store, process and reproduce them, insofar as this is necessary for the handling of processes within the scope of the use of the Sandbox.
(2) The user is fully responsible for his user content. JR Holding does not assume any responsibility for checking the contents for completeness, correctness, legality, up-to-dateness, quality and suitability for a specific purpose.
(3) The User warrants that he/she is the sole owner of all rights to User Content, or is otherwise authorized (e.g. by effective permission from the rights holder) to post it in the Sandbox or to link it to the Sandbox and to grant rights in accordance with paragraph 1 above.
(4) JR Holding reserves the right to reject User Content and/or to edit, block or remove User Content that has already been posted or linked without prior notice if the posting or linking by the User or the posted or linked User Content itself violates contractual or legal provisions or if there are concrete indications that a serious violation will occur.
§ 9 Liability
(1) JR Holding is liable under this contract only in the event of a breach of a material contractual obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may regularly rely ("cardinal obligation"), and only for the foreseeable damage typical for the contract. The above limitation of liability shall not apply to
Damage caused by intent or gross negligence,personal injury (injury to life, body, health)as well as the assumption of guarantees.(2) JR Holding shall not be liable if the circumstances giving rise to a claim against JR Holding
are based on an unusual and unforeseeable event over which JR Holding has no control and the consequences of which could not have been avoided despite the exercise of due care, orwere brought about by JR Holding on the basis of a legal obligation.
(3) Furthermore, JR Holding is not liable for failures or disruptions in the technical infrastructure outside the sphere of responsibility of JR Holding (force majeure).
(4) For the services provided free of charge within the scope of the Sandbox, JR Holding is only liable in cases of intent and gross negligence.
(5) Liability according to mandatory legal regulations (e.g. Product Liability Act) remains unaffected.
§ 10 Term and termination
(1) The contract of use is concluded for an indefinite period. It may be terminated by either party at any time.
(2) Any termination must be made in text form. Notwithstanding this, termination by JR Holding may also be effected by blocking the respective user account.
§ 11 Applicable Law, Place of Jurisdiction
(1) The contract of use including these terms of use is subject to the law of the Federal Republic of Germany.
(2) The place of jurisdiction for all disputes between JR Holding and the User arising from the User Agreement and these Terms of Use is Frankfurt am Main, Germany, insofar as such an agreement on the place of jurisdiction is permissible.