Acceptance of Terms

Welcome to TestSpeed.app ("Service", "we", "us", or "our"). By accessing or using our internet speed test service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and TestSpeed.app. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Service Description

TestSpeed.app provides a free internet speed testing service that measures your internet connection's:

• Download Speed: The rate at which data is transferred from the internet to your device
• Upload Speed: The rate at which data is transferred from your device to the internet
• Ping/Latency: The time it takes for data to travel from your device to our servers and back
• Jitter: The variation in ping over time
• Packet Loss: The percentage of data packets that fail to reach their destination

Service Features

Our Service includes:

• Real-time speed testing with accurate results
• Historical test results and performance tracking
• Server selection for optimal testing
• Detailed network diagnostics and insights
• Educational content about internet speeds
• Comparison tools and benchmarks

Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to use the Service:

Prohibited Activities

• In any way that violates any applicable federal, state, local, or international law or regulation
• To exploit, harm, or attempt to exploit or harm minors in any way
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate TestSpeed.app, our employees, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To use any robot, spider, or other automatic device to access the Service for any purpose without our express written permission
• To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service
• To attack the Service via a denial-of-service attack or a distributed denial-of-service attack
• To use the Service for commercial purposes without our authorization
• To create excessive load on our servers through automated testing or excessive manual testing

Rate Limiting

To ensure fair usage and optimal performance for all users, we implement rate limiting on our Service:

• Maximum of 20 speed tests per hour per IP address
• Maximum of 100 speed tests per day per IP address
• Automated testing tools are prohibited without prior written authorization

Privacy and Data Collection

Your privacy is important to us. Our collection, use, and disclosure of your information is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

Data We Collect

Your Rights

You have the right to:

• Access your personal data
• Request correction of inaccurate data
• Request deletion of your data
• Object to processing of your data
• Request data portability
• Withdraw consent at any time

Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TestSpeed.app, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Service for personal, non-commercial purposes
• View and download test results for your personal records
• Share your test results via provided sharing features

Restrictions

You must NOT:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service
• Remove any copyright, trademark, or other proprietary notices from the Service
• Use the Service's name, logo, or trademarks without our prior written consent
• Reverse engineer, decompile, or disassemble any software used in the Service
• Frame or mirror any part of the Service without our express written permission

Trademarks

TestSpeed.app, the TestSpeed.app logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TestSpeed.app or its affiliates or licensors. You must not use such marks without our prior written permission.

Disclaimers and Warranties

No Warranty of Accuracy

We do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components
• The results of using the Service will meet your requirements
• Speed test results are 100% accurate - Results may vary based on numerous factors including network congestion, server location, device capabilities, and other technical variables

Factors Affecting Accuracy

Speed test results may be affected by:

• Network congestion and traffic
• Distance to test servers
• WiFi signal strength and interference
• Device hardware limitations
• Background applications and downloads
• ISP throttling or traffic shaping
• Browser limitations and extensions
• VPN or proxy usage
• Time of day and peak usage periods

Third-Party Content

The Service may contain links to third-party websites or services that are not owned or controlled by TestSpeed.app. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Limitation of Liability

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Reliance on speed test results for any purpose
• Decisions made based on information provided by the Service

Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless TestSpeed.app, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any rights of another
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through the Service

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Grounds for Termination

We may terminate your access if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent or illegal activities
• You abuse the Service or attempt to disrupt its operation
• We are required to do so by law
• We decide to discontinue the Service

Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Your State/Country], and the parties irrevocably consent to the personal jurisdiction and venue therein.

Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@testspeed.app. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or TestSpeed.app may bring a formal proceeding.

Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Notification of Changes

We will notify you of changes by:

• Posting the new Terms on this page
• Updating the "Effective Date" at the top of this page
• Sending an email notification (if you have provided an email address)
• Displaying a prominent notice on our homepage

Your Continued Use

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TestSpeed.app regarding the use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Language

These Terms are written in English. Any translated version is provided solely for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.