Terms of Use (from april 2017)

When included FRUBIL Javascrip Detector (https://js.frubil.info/) in your website(s) (each, a “Website”) permits use of a service offered by Frubil s.r.o. (referred to herein as “we,” “our” and “us”) that queries and collects data from the device accessing such Website and returns data identifying certain capabilities of such device (the “FRUBIL JS Detector Service”).
Your use of the Service is subject to the terms of this agreement, and you agree to this agreement by electing to use Service. You represent that you have full power, capacity and authority to accept this agreement. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity this agreement. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts this agreement. In this agreement such entity, or you if your use of the Service is personal, are referred to as “you” and “your”. If you do not agree to this agreement you have no right to use the Service.

  1. Subject to all of the terms of this Agreement, we grant you a limited, personal, nonexclusive, non-transferrable, non-assignable, royalty-free license to use the HTML and the Service, in each case during the term of this agreement. We reserve all rights not expressly granted herein, and this agreement does not grant to you any right to any of our intellectual property not used in connection with the Service. As part of such license you may incorporate the HTML into your Website and you agree to include only the HTML set forth above in its entirety without any modification.
  2. The Service may deliver data, information and/or software to devices that access the Website and collects data and/or logs from such devices and will transmit that data and/or logs to us. For the FRUBIL JS Detector Service we will process that data and return to you for use in connection with your Website a limited number of device capabilities associated with such data that are identified in the description of the then-current Service. You agree that we are not responsible for errors that may occur in the device capabilities we send to you, and that we may from time to time change the device capabilities we return to you, including by increasing or decreasing the number or changing the type of device capabilities. You understand and agree that we may retain the data we receive from the Service. As this Service is made available to you by us without charge, we reserve the right, and you agree we may, change or discontinue the Service at any time. We also reserve the right to limit the number of transactions you may send or receive through the Service without notice to you.
  3. You agree to use the FRUBIL JS Detector Service only for the purpose of identify the device capabilities of your users that we provide to you in adherence with the requirements of this section.
  4. In providing the Service we collect data from users of your Website in order to provide certain device capability data to you and to improve the Service and our other products and services. By using the Service you hereby grant us permission to do so on your behalf and agree to secure from and grant the same permission on behalf of your users. The collection of a user’s data may be subject to various local, state and national laws, rules and regulations (“Laws”), including Laws governing the disclosure of the use of cookies (which are employed by the Service). As you are the only party with contact with your users, as between us and you, you are solely responsible for complying with, and you shall comply with, any required disclosures, permissions and other obligations under such Laws and you alone shall be responsible for any liability that results from any failure to comply with such Laws.
  5. You may terminate this agreement at any time by stopping all use of the Service with respect to your Website. You have no obligation to notify us if you wish to terminate this agreement.
  6. DISCLAIMERS: The Software and Service are provided “AS IS”, without warranty of any kind, express or implied, including that the Service will meet your requirements, will be uninterrupted, timely, secure or free from error, that the data and information obtained through the Service will be accurate or reliable, and warranties of merchantability, fitness for a particular purpose and noninfringement. To the greatest extent permitted by applicable Law, in no event shall we be liable to you or your users for any claim, damages or other liability, whether in an action of contract, tort or otherwise, whether direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data, or profits, or business interruption), arising from, out of or in connection with the Software or Service or the use or other dealings in the Software or Service, even if advised of the possibility of such damage. To the maximum extent not prohibited by Law, you further assume all liability for your use of the Software and the Service.
  7. This agreement is governed by the law of the Czech republic, without regard to its conflicts of laws principles.

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