Terms of Service

1. Agreement to Terms

By accessing or using TakipApp's device identification services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

TakipApp provides device identification, browser fingerprinting, and fraud detection services through our API and related tools. Our Services enable customers to:

• Generate unique device identifiers for visitor recognition
• Detect and prevent fraudulent activities
• Identify bot traffic and automated threats
• Analyze visitor patterns and behavior
• Detect VPN, proxy, and Tor usage

3. Account Registration

To use our Services, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your API keys and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Keeping your account information up to date

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services to violate any applicable laws or regulations
• Attempt to reverse engineer, decompile, or disassemble our technology
• Use the Services to track, stalk, or harass individuals
• Resell, sublicense, or redistribute the Services without authorization
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to our systems or networks
• Use the Services to collect data for illegal discrimination
• Circumvent any usage limits or access controls

5. Customer Responsibilities

5.1 Legal Compliance

You are responsible for ensuring your use of our Services complies with all applicable laws, including but not limited to:

• Data protection laws (GDPR, CCPA, etc.)
• Privacy regulations in your jurisdiction
• Cookie consent requirements
• Industry-specific regulations

5.2 End User Notice

You must provide appropriate notice to your end users about the use of device identification technology, as required by applicable law. This may include updating your privacy policy and obtaining necessary consents.

5.3 Data Processing Agreement

If required by GDPR or similar regulations, you agree to enter into a Data Processing Agreement (DPA) with TakipApp.

6. API Usage and Limits

Your use of our API is subject to the following terms:

• API requests are limited based on your subscription plan
• Rate limits apply to prevent abuse and ensure service quality
• Exceeding limits may result in throttling or additional charges
• API keys must be kept confidential and not shared publicly

We reserve the right to modify API endpoints, features, or documentation with reasonable notice.

7. Fees and Payment

7.1 Subscription Fees

Fees are based on your selected subscription plan and API usage. All fees are quoted in USD unless otherwise specified.

7.2 Billing

• Subscription fees are billed monthly or annually in advance
• Usage-based fees are billed in arrears
• All fees are non-refundable except as required by law

7.3 Price Changes

We may modify pricing with 30 days' notice. Continued use after price changes constitutes acceptance of new pricing.

8. Intellectual Property

8.1 Our Rights

TakipApp retains all rights, title, and interest in the Services, including all intellectual property rights. Our technology, algorithms, and documentation are protected by copyright, trade secret, and other laws.

8.2 Your Rights

You retain all rights to your data. You grant us a limited license to process your data solely to provide the Services.

8.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation or compensation to you.

9. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the business relationship. This includes:

• Technical documentation and API specifications
• Pricing and business terms
• Customer data and usage patterns
• Security measures and vulnerabilities

10. Service Level Agreement

We commit to maintaining 99.9% API uptime for paid plans. Service credits may be available for downtime exceeding this threshold, as detailed in our SLA documentation.

11. Warranties and Disclaimers

11.1 Our Warranties

We warrant that:

• The Services will perform substantially as documented
• We have the right to provide the Services
• We will use commercially reasonable security measures

11.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be error-free, uninterrupted, or meet your specific requirements. Device identification accuracy may vary based on browser settings and user behavior.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL

These limitations apply regardless of the legal theory and even if we were advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless TakipApp and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law
• Your infringement of third-party rights

14. Term and Termination

14.1 Term

These Terms remain in effect until terminated by either party.

14.2 Termination for Convenience

Either party may terminate with 30 days' written notice.

14.3 Termination for Cause

We may terminate immediately if you breach these Terms, fail to pay fees, or engage in prohibited activities.

14.4 Effect of Termination

Upon termination:

• Your access to the Services will be revoked
• You must cease using our technology and destroy any confidential information
• Outstanding fees become immediately due
• Provisions that by nature should survive will remain in effect

15. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through the Services. Continued use after changes take effect constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of Delaware, USA, without regard to conflict of law principles.

16.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

16.3 Entire Agreement

These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between the parties.

16.4 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

16.5 Assignment

You may not assign these Terms without our written consent. We may assign our rights to an affiliate or in connection with a merger or acquisition.

16.6 Waiver

Failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17. Contact Information

For questions about these Terms, please contact us:

• Email:[email protected]
• Address: TakipApp Inc., Legal Department