Mobile Phone Wizards AS provides three types of services under the Mobile Phone Wizard brand:
The website detectright.com, based on DetectRight services, which offers free and premium information search and profile download facility.
Free services through the "DetectRight API" for evaluation use
Premium commercial data services through the "DetectRight API"
1.1. License
Premium data sources are licensed through our user registration system. Premium users are required to pay a monthly subscription to maintain ongoing access to your service. We reserve the express right to deny access to the system should payment or invoices not be settled in a timely manner.
When paying through Paypal, cancellations are processed so your subscription ends when the current period expires. For other methods of payment, the notice period for expiration is 30 days.
Our licenses are not transferable, and are per-username. We reserve the right to monitor usage for the purpose of detecting unfair use of our system, such as (but not limited to), concurrent logins, spreading of user details, or automated profile downloads from the system that aren't through the authorised DetectRight API.
1.2. Distribution and redistribution
Our extended profiles are (c) Mobile Phone Wizards AS.
You may not redistribute pure capability data in quantity without our written permission.
You are free to distribute value-added functionality based on our data, such as optimized mobile internet pages, but you cannot redistribute any "pure" data, i.e. data based on phone capabilities alone, without clearing it with us.
Essentially, where data is indicated as DetectRight specific, that data may not be used in competitive services (whether free or commercial) without our written permission.
We may permit these activities, under certain circumstances, but only with permission, or with the purchase of additional appropriate licences.
1.3. Privacy Policy
It is the nature of the services we offer that information is collected about customers whose profiles have been captured. Such stored profiles contain no personally identifiable information, and additionally are not made available to any other users of the DetectRight System. We reserve the right to generate statistical reports from aggregated information in the DetectRight system in order to derive trends or facts which would benefit the mobile community. These reports may be shared with our strategic business partners. We may also, at our option, collect logs and statistics for internal use.
We respect your privacy and will not give away or sell identifying information about our licencees to third parties. We may, at our option, collect logs and statistics for internal use, or share aggregrate statistical information about the kinds of searches performed on our services with our strategic business partners.
1.4. Intellectual property
You agree not to remove, obscure, or alter Mobile Phone Wizard's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Mobile Phone Wizards Service.
You also acknowledge that Mobile Phone Wizards AS owns all right, title and interest in and to Mobile Phone Wizards API, including without limitation all intellectual property rights. These rights include rights to the following: (1) the APIs developed and provided by Mobile Phone Wizards AS, (2) all software associated with the DetectRight platform, and (3) the profiles and information you obtain when you use the DetectRight service.
These rights do not include the following:
third-party components used as part of the DetectRight platform
software developed by you in conjunction with the use of the DetectRight platform
Reselling of access to the MPW Services is forbidden unless an appropriate reseller licence is negotiated.
"DetectRight" is a trademark of Mobile Phone Wizards AS
1.5. Publicity
So long as you comply with your obligations under this Agreement, you are encouraged to indicate that a product or service that you created either uses or is based on MPW Services provided that those products or services do not in Mobile Phone Wizard AS’s reasonable opinion
tarnish, infringe, or dilute Mobile Phone Wizards AS’s trademarks
violate any applicable law
infringe any third-party rights
If you wish to use the Mobile Phone Wizards AS trademark and/or logo in any other manner, you must first obtain our written consent.
1.6. Best Efforts to Settle Disputes
In the event of any dispute, claim, question or difference relating to an alleged breach of any representation, warranty, covenant, commitment or agreement under, or the validity or termination of, this Agreement, the Parties involved in the dispute, claim, question or difference shall use their best endeavours to settle such dispute, claim question or difference. To this effect, they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to such Parties within seven (7) working days of the commencement of such negotiations. If agreement cannot be reached within this timescale, the Parties shall be free to pursue any remedy available to them.
1.7. Limitation of Liability
All DetectRight services and data are provided "as-is" without any warranty (explicit or implied) as to the availability of services, the accuracy of data, or their merchantability or fitness for purpose.
DetectRight is a "best-attempt" system which occasionally uses advanced heuristics to extrapolate device characteristics from other confirmed datapoints.
DetectRight's API has a trust model which allows you to exclude these heuristics or include only manufacturer-supplied data. However, we cannot accept any liability for any losses incurred through the use of DetectRight's data or services.
The user is expected to use their own judgement to assess whether DetectRight is suitable for their needs. Note that in the event of a need for reliable continuous access, it's strongly recommended that the user contacts us about our local installations.
1.8 Applicability of terms
Use of the DetectRight service will be deemed to be acceptance of these terms and conditions, which apply only to your use of the service and not to any business relationship between yourself and Mobile Phone Wizards AS. A sample contract and order form can be downloaded in PDF here. Please contact Glenn Karlsen (glenn@detectright.com) if you have any enquiries or need for further sales support material.
