This Term of Service (hereinafter referred to as "This Term") was developed and published on March 12th, 2024, and will be modified from time to time according to relevant policies and regulations.
PLEASE READ THIS TERM CAREFULLY, ESPECIALLY THE CONTENT ABOUT THE RESTRICTIONS ON THE USERS' RIGHTS, DISPUTE RESOLUTION, LIMITATIONS ON OUR LIABILITIES, AND THOSE IN BOLD FONT, BEFORE USING THE SERVICES PROVIDED BY US. IF YOU CONTINUE USING THE SERVICES, IT SHALL BE DEEMED THAT YOU HAVE FULLY UNDERSTOOD AND ACCEPTED, AND IS WILLING TO COMPLY WITH ALL THE FOLLOWING CLAUSES, AND THIS TERM SHALL BE LEGALLY BINDING BETWEEN YOU AND US. IF YOU DISAGREE WITH THIS TERM IN WHOLE OR PART, PLEASE IMMEDIATELY STOP USING THE SERVICES. IF YOU HAVE ANY QUESTIONS ABOUT This Term, PLEASE CONTACT US VIA legal@netspeedtestmaster.com.
1.1 This Term is hereby developed, published, and implemented by Hangzhou AtlasV Technology Co., Ltd.(hereinafter referred to as "AtlasV " or "We").
1.2 Speedtest Master is developed and operated by AtlasV（hereinafter referred to as “the APP") and is dedicated to service you for testing your internet connection, such as network speed test, channel analytics and traffic statistics service, ping test, and other related services (hereinafter referred to as “the Test Services") on demand. When used in these Terms, “AtlasV,” “we,” “us,” or “our” refers to the AtlasV entity with whom you are contracting.
1.3 This Term govern your use of the Test Services and related online interactive features and services, including without limitation emails, newsletters, forums, communities, and contests (collectively, the “Services”).
1.4 We maintain other terms and policies that supplement This Term like our Privacy Policy, which describes our collection and processing of personal data. If we make any changes, we shall publish the revised Terms in a timely manner. If you disagree with any of the revised Terms, you shall stop using the services agreed herein; if you continue using the services after the changes to This Term have been published, it is deemed that you have fully read, understood and accepted the changed Terms, and shall abide by such Terms.
1.5 Age requirement. To comply with the Children’s Online Privacy Protection Act, we will not knowingly collective personally identifiable information from anyone under the age of 13, and we, therefore, require anyone under the age of 13 or the age of legal majority in your jurisdiction (if different than 13) to stop using our services.
2.1 You will not be required to create a user account on the APP, and therefore, we will not collect your personal information, like your name, contact details, and credit card details. PLEASE NOTE THTA if you subscribe for member services through the APP Store, your payment information (such as your credit card details) will be collected by Apple. Inc rather than us.
2.2 You will be required to provide the minimum information needed to realize the basic functions of the APP, such as operating system, unique device identifier, login IP address, software version, connection method, and type of network. If you fail to maintain accurate, complete, and up-to-date information, you may be unable to use partial services. For more details, please refer to our Privacy Policy.
2.3 You shall be responsible for all activity that occurs while using the APP and you shall maintain the security and secrecy of your actions at all times. If it is found that the APP has been illegally used by others, you shall immediately notify us to avoid unnecessary losses.
2.4 If you sign This Term on behalf of the enterprise, you shall guarantee that you have obtained full authorization from the enterprise and have the right to enter into This Term with us on behalf of the enterprise and use our services.
3.1 We mainly provide network speed tests, channel analytics, and traffic statistics services to you through the APP. To realize such functions, we may need to get some of your permissions, including without limitation your location, phone status, and signal strength. If you fail to give such permissions, you may not be able to use some of the functions provided by the APP, but you can still use the basic speed test function.
3.2 To improve our services, we may revise and update the APP from time to time. You shall update the APP to the latest version, otherwise, we may not be able to provide stable and normal services to you.
3.3 We may develop different app versions for different terminal devices, and you should choose to download the appropriate version for installation according to your device model. For devices with an iOS system, you shall download the intaller from the APP Store. If you download the installer from other unauthorized platforms, we CANNOT guarantee the integrity and security of the APP, and you shall suffer any losses caused by such use.
3.4 We will use related services provided by Google, such as Google Analytics and Google Abmob. We use Google Analytics to analyze the usage of the APP and use Google Abmob to realize advertising revenue. Both of them may collect and process your personal information through the service, you shall refer to our Privacy Policies or "How Google uses data when you use our partners' sites or apps" to understand how your personal data may be collected and processed.
3.5 We’re constantly developing new technologies and features to improve our services. If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll update such changes through the APP description page on the APP Store.
4.1 By accessing and utilizing our services, you should establish internet connectivity for your devices and assume responsibility for all associated communication fees incurred.
4.2 We DO NOT charge you for using the APP, unless you subscribe for member services. Also, we will get benefits from Google Admob by publishing advertisements on the APP. For the rates of the subscription fees, please refer to the price displayed on the description page of the App Store or email to support@mail.netspeedtestmaster.com.
4.3 Subscription auto-renews before the end of the current period, unless canceled 24 hours in advance. You may manage your subscriptions and turn off auto-renewal in Settings＞Apple ID.
4.4 You may cancel the subscription at any time before the end of the applicable billing period according to Apple Media Services Terms and Conditions. However, you will not receive a refund for the current billing period, except as otherwise provided in Apple Media Services Terms and Conditions.
4.5 PLEASE NOTE THAT we reserve the right to request for additional fees arising from any damage caused by your use of our services.
5.1 PLEASE NOTE THAT, the Services provided by us under This Term contain information, software, articles, reviews, content, photographs, graphics, links, logos, trademarks, the UI design of our application, and other material (collectively, the “Content”) that are protected by copyright, trademark and/or other proprietary rights of us or third parties. All Content is protected by applicable copyright and other intellectual property laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. You shall use the Content only for personal and noncommercial use.
5.2 You SHALL NOT, and SHALL NOT encourage, assist or authorize any person to modify, reverse engineer, decompile, disassemble, or otherwise tamper with part or whole of the APP, or create any derivative application from theAPP, which may infringe our copyright and other proprietary rights.
5.3 You shall use our services in accordance with This Term, any other applicable laws and regulations, as well as local ethics and customs. Otherwise, you shall be solely responsible for any adverse consequences caused by your behavior.
6.1 To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services, collectively, “Your Content”), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant us a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicensable right and license to reproduce, display, distribute, use and fully exploit your content.
7.1 The APP and services may contain third-party websites or website links, and you shall decide whether to access these links. We are not responsible for the accuracy, completeness, adequacy, and reliability of any information, data, opinions, pictures, statements, or suggestions made available on these websites. If you decide to visit any third-party website linked to the APP, you shall carefully read their terms of use and privacy policies before linking to such websites and shall be solely responsible for the possible results and risks thereof.
8.1 We may maintain and update the APP from time to time, in which case you may be unable to use our services. We SHALL also NOT BE liable for network service interruption or other defects caused by force majeure or for any other reason not attributable to us.
8.2 We may give notice to you by posting on the APP or delivering to any other contact address you provide to us.
8.3 If any provision of This Term is held to be illegal, invalid, or unenforceable under applicable law, such provision thereof shall to that extent be deemed not to form part of these Terms, and shall not affect the legality, validity, and enforceability of other provisions.
8.4 You agree that we may assign or transfer This Term in whole or in part to either a subsidiary or affiliate of us or a successor by merger or acquisition.
9.1 Except to the extent that: (i) any applicable additional terms incorporated into This Term provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), This Term and any dispute or claim arising out of or in connection with This Term shall be governed by the laws of Hongkong, without reference to principles of choice of law.
9.2 Any dispute, controversy, or claim (whether in contract, tort, or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach, or termination, will be referred to and finally resolved by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration shall be in Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
10.1 If you have any questions about This Term or the services we provide hereunder, please contact us in the following ways:
Full name of legal entity: Hangzhou AtlasV Technology Co., Ltd.
Email address: legal@netspeedtestmaster.com
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE SERVICE FEE WE HAVE CHARGED FROM YOU FOR THE CORRESPONDING SERVICE.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CAN NOT BE EXCLUDED UNDER APPLICABLE LAW.
YOU UNDERTAKE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CHAUFFEURS ON DEMAND AGAINST ALL CLAIMS, ACTIONS, CHARGES, COSTS, EXPENSES, DEMANDS, DAMAGES, LIABILITIES, PROCEEDINGS OR JUDGMENTS WHICH ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OR VIOLATION OF This Term, OR YOUR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS.