Beta Terms & Conditions

Read the following terms and conditions before using the Zaption (http://www.zaption.com) Handset Detection (http://www.handsetdetection.com) Service. Handset Detection is currently in Beta stage and is providing Beta licenses covered by the following terms and conditions. Any usage of the Handset Detection services, or registration confirms your agreement to these terms.

Beta License and Agreement for the Zaption Handset Detection Service ("Agreement") relates to specific terms for the Beta License and Service. You further confirm your acceptance of the general terms and conditions and Privacy Statement ("Agreements")

As part of the Service, Zaption may provide suggested proprietary code. This code is installed on a web page for the purpose of collecting mobile device information, GEO IP site and additional audience data. Our API is also published to enable you to link our service to your website.

This agreement applies to future software and service updates, supplements or support services, unless other terms accompany those products and services.

Zaption shall have sole authority and discretion to determine the period of time for Beta Stage of the Service. Zaption will offer this service as a commercial service in the future at which point the Beta stage will come to an end and new product and service offerings will be launched. We will continue with a free version of this service and your Beta account will migrate across to this free limited version at that stage.

By installing, accessing or logging into the Service, you accept the terms of this agreement. If you do not agree to the terms of this agreement, do not access our API or use the Service. If you confirm acceptance of this agreement, the following terms apply.

1. Use of This Service

Under the terms of this agreement, Zaption allows you to access and use the Service using the Zaption API for the purpose of receiving mobile device information for your own/ client websites. Zaption will also provide you with access to our online reporting system to view and analyze the collated information based on customer usage. You may use such reports solely for your internal business purposes. You must take full responsibility for any use of the account/ accounts.

In consideration of your use of the Service, you agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the Beta Registration Form; and b) update your Beta Registration data to keep it true, accurate, current, and complete. If Zaption has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Zaption has the right to terminate your Beta Account and refuse current or future use of the Beta Service.

2. Script

You are permitted to reproduce and include copies of the Script within the body of the pages of Your Websites pages solely for the purposes of receiving the Service but only so long as:

· You do not include the Script in any websites that are unlawful;
· You indemnify Zaption from any claims, including Lawyer fees, related to Your Websites; and
· You do not incorporate or distribute the Script so that any part of it becomes subject to a license that requires that the Script be disclosed or distributed in source code form or be modifiable by others it.

3. Scope of License

The Service (including the Script) is licensed, not sold. This agreement only gives you some rights to access and use the Service. Zaption reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Service (including the Script) only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Service that allow you to use it only in certain ways. You may not:

· allow, authorize, or permit connection to the Service by daemons, bots, or other form of robotic software or automated processes;
· work around any technical limitations in the Service or introduce or use any device, software, or routine that interferes or attempts to interfere with the operation of the Service;
· reverse engineer, decompile or disassemble the Service, except and only to the extent that applicable law expressly permits, despite this limitation; or
· rent, lease, sublicense, or lend the Service or any of its components.

4. User Data; Personal Information and Privacy

See Our Privacy Policy

5. Export

The Service is subject to International export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Script. These laws include restrictions on destinations, end users and end use.

6. Beta Service

This Service is a pre-release version. It may not work the way a final version of the Service will. Zaption may change it for the final, commercial version. Zaption also may not release a commercial version.

7. Support

Zaption is not obligated to provide any technical or other support ("Support Services") for Service. However, if Zaption chooses to provide any Support Services to You, Your use of such Support Services will be governed by our policies. With respect to any technical or other information You provide to Zaption in connection with the Service or any Support Services, You agree that Zaption has an unrestricted right to use such information for its business purposes, including for product support and development. Zaption will not use such information in a form that personally identifies You.

8. Feedback

You have the ability to give feedback about the Service to Zaption. You grant to Zaption, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also grant to third parties, without charge, any patent rights necessary for their products, technologies and services to use or interface with any specific parts of a Zaption software or service that incorporates your feedback. You will not give feedback that is subject to a license that requires Zaption to license its software or documentation to third parties because Zaption includes your feedback in our software or documentation. These rights survive this agreement.

9. Fees

Zaption may choose in the future to charge for use of the Service. If Zaption in its sole discretion chooses to establish fees and payment terms for such use, Zaption will provide notice of such terms as provided in Section 11 below, and You may elect to stop using the Service rather than incurring fees.

10. Termination

Zaption reserves the right to discontinue offering Service or to modify the Service at any time in its sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything contained in the agreement to the contrary, Zaption may also, in its sole discretion, terminate or suspend access to the Service to you at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if you breach this agreement and that Zaption will be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. Upon the expiration or any termination of this Agreement, you must cease using the Service and the Script. This Section and Sections 2 (but only with regard to your obligation to provide indemnification for claims occurring prior to termination), 4 (but only with regard to User Information collected prior to termination), 8 and 13-16 survive termination of this agreement or any discontinuation of the Service.

11. Modifications; Notices

If we change this agreement, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the Service before the changes are in force. If you do not stop using the Service, then your use of the Service will continue under the changed agreement. Zaption may give notices to you, at Zaption option, in writing or by electronic mail to any e-mail address provided by You to Zaption.

12. Indemnity

You agree to indemnify and hold harmless Zaption, its directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party?s rights, in violation of any law, in violations of any terms of these Terms of Service, or other claim related to your use of the Service.

13 Applicable Law

13.1. Australia

If you acquired the Service in Australia, Victorian state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

13.2. Outside of Australia

If you acquired the Service in any other country, the laws of that country apply.

14. Legal Effect

This agreement describes certain legal rights. You may have other rights under the laws of Your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

15. Disclaimer of Warranty

The Service (including the Script and API) is supplied "as-is." You bear the risk of using it. Zaption gives no express or implied warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Zaption excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

16. Trademark

Handset Detection, Screensize and Device Voodoo are trademarks of Zaption. All rights are reserved to Zaption. You agree not to display or use, in any manner, the Zaption trademarks, without Zaption's prior permission.