Terms of Service Agreement
Last updated September 28, 2023. Replaces all prior versions.
This Insomnia Terms of Service Agreement (“Agreement”) governs your use of the Insomnia website, customer support, and web services offered through the Insomnia website (collectively, “Services”) and software that we include as part of the Services, as well as any related applications, sample files, scripts, source code, instruction sets and related documentation (collectively, “Software”).
The Services and Software are offered by Kong Inc., a Delaware corporation (“Kong”, “we” or “us”), and you accept this Agreement by clicking an “agree” or similar button, where that option is provided by Kong, or if you use or access the Services or Software. Your agreement to this Agreement also binds your authorized users, your company or organization. If you do not agree to this Agreement, do not accept it or do not continue using the Services or Software.
We may also provide software or other materials subject to a separate open source license agreement, and that separate license agreement will govern the use of that software or other materials in the event of a conflict with this Agreement. Any such separate license agreement may be indicated in the license, notice, or readme files distributed with the applicable software or other materials or in related documentation.
If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement control where it conflicts with this Agreement.
Any new Insomnia features in addition to the current Services or Software will be subject to this Agreement.
You can review the most current version of the Agreement at any time at: https://insomnia.rest/terms
Violation of any of the terms below may result in immediate termination of your Services account.
Services Account Terms
- You do not need to create an account to download or use any software that we provide under an open source license.
- If you wish to use the Services, including any Services offered on a free or trial basis, you must create an account for Services with us.
- Accounts registered by automated methods are not permitted and will be deleted immediately without notice.
- You must provide your name, a valid email address, and any other pertinent information requested to complete the account sign-up process.
- You are responsible for maintaining the security of your account and password and that of your authorized users. Kong cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation. You and your authorized users may not share accounts and passwords among authorized users or with any unauthorized person. You are fully responsible for all activity that occurs under your account, regardless of whether undertaken by you, your employees or a third party (including contractors or agents). You will contact us immediately if you believe unauthorized activity has occurred in your account or if your account information is lost or stolen.
- You may not use the Services or Software for any illegal activities. You must not, in your use of the Services or Software, violate any laws in your jurisdiction (including but not limited to copyright laws). Should you engage in any illegal activities through the Services, you agree to hold Kong blameless and not liable for any damages or crimes that may occur as a result. Without limiting its remedies, Kong may also immediately shut down and cancel your account and delete all data in it.
- You understand that Kong uses third party payment processors to handle payment transactions, and that all monetary transactions made through your use of the Services or Software are subject to any fees the payment processor may charge.
Fees, Payment and Refunds Terms
- A valid credit card is required for paid subscription Services or Software. A credit card is not required to sign up for our Free plan.
- Kong calculates and bills fees and charges as described on the Insomnia site. For monthly charges, Kong may bill you more frequently for fees accrued if Kong believes there is a risk of non-payment or if Kong suspects that the account is fraudulent. If you choose monthly billing by credit card, you authorize a recurring monthly charge to your credit card based on Kong’s current fee schedule for the Services. You will pay Kong the applicable fees and charges for use of the Services as described on the Insomnia site. Kong may increase, change or add new fees and charges for Services by updating the Insomnia site. If Kong changes the pricing for the Services, the fees payable by you will increase or decrease in accordance with any such modification upon the date specified on the Insomnia site.
- Paid accounts are subject to monthly or yearly fees, unless otherwise agreed with Kong. All fees are payable in advance and are non-refundable. Subscription changes are prorated.
- All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.
Term; Termination, Account Deletion
- The term of this Agreement commences when you create an account and will remain in effect until terminated in accordance with this Agreement.
- If you wish to cancel your subscription for Services or Software, it is your responsibility to ensure that your subscription has been properly canceled. An email requesting a subscription to be canceled is not considered a cancellation. You can cancel your subscription at any time from the "Account" section within the Services.
- If you wish to delete your account you may initiate deletion through the “Account” section within the Services. If you initiate account deletion, your account is immediately disabled, and all account data (such as your email, name, Organization and billing information), and all related application data will be deleted by us within 30 days after you initiate deletion. This information cannot be recovered once deleted. Data on your local machine is not deleted.
- If you initiate account deletion, your account will be disabled, and you will not be charged again from that point forward. However, you will not receive a refund for amounts previously paid.
- Kong has the right to suspend or terminate your account and refuse any current or future use of the Services for any reason at any time. Kong, in its sole discretion, reserves the right to refuse to provide the Services or Software to anyone for any reason at any time.
- Upon termination of this Agreement (i) all your rights under this Agreement immediately terminate; and (ii) you remain responsible for all fees and charges you have incurred up to and including the date of termination. We have no obligation to continue to store your data after termination of this Agreement.
- Our warranty disclaimers, our limitations of liability, our ownership of the Services and Software, and the dispute resolution provisions of this Agreement will survive any expiration or termination of this Agreement.
Privacy and Usage Data
- Usage Data. If you are logged into your Services account, we collect information about your use of the Service and Software. If you are not logged into your Services account, or if you use the Software without an account, we provide you with the choice to opt out to avoid sending us this information in the desktop application user interface. Usage data allows us to help improve product quality and features.
- Project Data. If you use the Services, any Project Data you transmit through the Services is encrypted locally by your instance of the Software, before transmission, and requires a unique passphrase created by you to unencrypt. This unique passphrase is not known by, accessible to, or recoverable by Kong or any of its personnel. As a result, if you lose or forget your passphrase, Kong has no way to recover it for you. You will still have access to your Project Data locally, but you may permanently lose the ability to upload or transmit Project Data through the Services. IT IS YOUR RESPONSIBILITY TO SAFEGUARD YOUR ENCRYPTION PASSPHRASE, and we will not be liable for any loss or damage you suffer if you permanently forget or lose your encryption passphrase. “Project Data” means API design specifications, collections, tests and other files that you choose to share with others in your organization through our hosted data synchronization service.
- AI Features. Depending on your account plan, the Services may provide you the ability to develop tests for your API design specifications, as well as other functionality, using artificial intelligence tools. Data you provide to use these tools is not end-to-end encrypted and is not considered Project Data for purposes of this Agreement.
Modifications to the Services and Prices
- Kong reserves the right at any time, with or without notice, to modify or discontinue the Services or Software, temporarily or permanently.
- Kong reserves the right to change the prices of the Services or Software at any time.
- Kong will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or Software.
- Some of the Services may be in preview, testing, or beta phase (each a “Preview Offering”) for the purpose of evaluating performance, identifying defects and obtaining feedback. Kong will not be liable for any damages in connection with your use of any Preview Offering. You are not required to use any Preview Offering, and we have no obligation to release a final version of any Preview Offering.
Intellectual Property and Content Ownership
- The Services and Software themselves including the use of the Insomnia name, logos, domain names and other distinctive brand features are protected by copyright and other laws: © Kong Inc., All rights reserved.
- We grant you a limited, personal, non-transferable, non-exclusive license to access and use the Services and Software, subject to the terms of this Agreement. We (and our licensors) are the owner of all right, title and interest in the Services or Software.
- You are not obligated to provide us with any suggestions or other feedback about the Services or otherwise, but if you do, we may use and modify this feedback without any restriction or payment.
- You retain your rights to any Project Data you submit, post or display on or through the Services. Kong claims no ownership to any Project Data you upload or transmit through the Services.
- Your use of the Services, Preview Offerings and Software is at your own risk. The Services, Preview Offerings and Software are provided on an "as is" and "as available" basis.
- Technical support is available to paid account holders and is only available via Insomnia social channels and email.
- You acknowledge and understand that Kong uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
- You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Software, Insomnia or Kong.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
- You may not disable or circumvent any security mechanisms used by the Services or use the Services in a way that poses a risk to the Services or any third party.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kong employee, member, or officer will result in immediate account termination and potential criminal charges.
- Kong does not warrant that (i) the Services or Software will meet your specific requirements, (ii) the Services or Software will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Services or Software will meet your expectations.
- You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kong has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services or Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services or Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services or Software.
- Except where limited by law, our total liability arising out of or related to this Agreement is limited to US $1,000 or the aggregate amount you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
- You expressly understand and agree that Kong will not be liable for any payments and monetary transactions that occur through your use of the Services or Software. You expressly understand and agree that all payments and monetary transactions are handled by the 3rd party payment platform the Service uses (as of the date of this Agreement, Stripe (https://stripe.com)). You agree Kong will not be liable for any issues regarding financial and monetary transactions between you and any other party.
- The failure of Kong to aggressively enforce any right or provision of the Agreement will not be construed as a waiver of such right or provision. Unless there is a separate written agreement between you and Kong covering the Services and Software, the Agreement outlines the entire agreement between you and Kong concerning the Services and Software and supersedes any prior agreements between you and Kong including prior iterations of the Agreement.
- If any provision of this Agreement is held invalid or unenforceable for any reason, the other provisions of this Agreement will continue in full force and effect.
- You may not use the Services or Software in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use the Services or Software if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.
- You may send notices to use at the following address: Kong Inc., 77 Geary Street, 5th Floor, San Francisco CA 94108, USA, Attention: Legal Department.
- We may notify you by email, postal mail, postings within the Services, or other legally accepted means.
- Except to the extent applicable law provides otherwise, this Agreement are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Kong agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.
If we decide to change this Agreement, we will post those changes on this page or by otherwise notifying you by email. Amended terms become effective upon posting on this page or as stated in Kong’s email notice message. By continuing to use the Services or Software after the effective date of any amendment to this Agreement, you agree to be bound by the amended terms. If you do not agree to the changed Agreement, then your sole remedy will be to stop using the Services or Software.
We last amended this Agreement on the date listed at the beginning of this Agreement.
Summary of changes so far:
September 28, 2023
Updating general legal terms.
August 18, 2023
Update telemetry from the desktop application to opt-out from opt-in.
April 28, 2020
Updating general legal terms.
May 22, 2018
Clarify account deletion and subscription proration
April 1, 2017