I. Terms of Use – Web Site and Service Agreement
II. End User License Agreement (EULA) – Software license
III. Copyright Policy – Governs content posted to the sight and copyright infringement notices
IV. Privacy Policy – What we can and can’t (or won’t) do with your personal information

I. Terms of Use
PLEASE READ THIS ENTIRE DOCUMENT (“Agreement”). BY ACCESSING OR USING THE GWS MOBILE DIAGNOSTIC APPLICATION AND/OR WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL OTHER POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES THAT MAY BE SET FORTH IN THE REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS APPLICATION OR WEB SITE.

This Agreement applies exclusively to your access to, and use of, the GWS Mobile Diagnostic Application also known as the GWS Speed App (“GWS MDA”) software and services provided by GWS and accessed through your mobile device or the GWS web site (collectively referred to as the “GWS MDA Service”), which is operated by Global Wireless Solutions, Inc. (“GWS”). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with GWS, or its subsidiaries or affiliates, for products, services or otherwise.

GWS reserves the right to change or modify any of the terms and conditions contained in the Agreement or any policy or guideline of the GWS MDA Service, at any time and in its sole discretion. You agree that such changes and modifications may be made solely by updating this Agreement or other policies or guidelines and indicating at the top thereof the date such document was last updated. You expressly agree to such form of notification of changes and modifications and waive any right to receive individual notice of such changes or modifications. Any changes or modification will be effective immediately upon posting of the revisions. Your continued use of the GWS MDA Service following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review the Terms of Use and any applicable policies or guidelines whenever you access the GWS MDA Service in order to determine if such terms, policies or guidelines have changed and to understand the terms and conditions and the policies and guidelines that apply to your use of the GWS MDA Service. If you do not agree to the amended terms, you must stop using the GWS MDA Service. GWS may from time to time choose to provide you with additional forms of notice of changes and modifications beyond what is required under this Agreement. However, you acknowledge and agree that providing such additional forms of notice in some instances does not require that such additional forms of notice be given in other instances.

  1. Eligibility
    The GWS MDA Service is intended solely for users who are 13 years of age or older, and any use of or access to the GWS MDA Service by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. By using the GWS MDA Service, you represent and warrant that you are thirteen or older and that you agree to and to abide by all of the terms and conditions set forth in this Agreement. GWS may terminate your account or prohibit you from using or accessing the GWS MDA Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.
  2. Privacy Policy
    The GWS MDA Service collects information regarding your mobile device only. The GWS MDA Service does not collect your name, physical address or email address. The GWS MDA Service does not share your mobile device identification information with people or services. The GWS MDA Service does not give advertisers access to your mobile device identification information nor is it sold to anyone. Please refer to our Privacy Policy for further information regarding how the GWS MDA Service collects, uses and discloses information from its users.
  3. GWS MDA Software
    Your use of the GWS MDA Service may involve the download, installation and use of certain GWS MDA client software (the “GWS MDA Software”). Downloading GWS MDA requires data services (WiFi or Cellular Data). Although GWS does not charge you for GWS MDA software download and use of content, carrier data fees including roaming charges may apply. Your download, installation and use of any GWS MDA Software is subject, and you hereby agree to, the terms and conditions of the End User License Agreement (“EULA”) set forth below following these Terms of Use.
  4. Copyright and Limited License
    Unless otherwise indicated in the GWS MDA Service, the Service and all content and other materials accessible through the GWS MDA Service, including, without limitation, the GWS MDA logo, the GWS MDA logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of GWS or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the GWS MDA Service for your informational, non-commercial and personal use only. Such license is subject to this Agreement and does not include:
    (a) any resale or commercial use of the Service Materials therein;
    (b) the distribution, public performance or public display of any Service Materials except in connection with your non-commercial use of the GWS MDA Service;
    (c) modifying or otherwise making any derivative uses of the Service Materials, or any portion thereof;
    (d) use of any data mining, robots or similar data gathering or extraction methods;
    (e) downloading (other than the page caching) of any portion of the Service, the Service Materials or any
    information contained therein, except as expressly permitted by the GWS MDA Service; or
    (f) any use of the GWS MDA Service or the Service Materials other than for its intended purpose. Any use of the GWS MDA Service or the Service Materials other than as specifically authorized herein, without the prior written permission of GWS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
  5. Copyright Issues and Repeat Infringer Policy
    If you believe that anything in the GWS MDA or web site infringes upon any copyright which you own or control, you may file a notification of such infringement in accordance with our Copyright Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, GWS has adopted a policy of terminating, in appropriate circumstances and at GWS’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. GWS may also at its sole discretion limit access to the GWS MDA Service of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  6. Trademarks
    GWS MDA and any other product or service name or slogan contained in the GWS MDA Service are trademarks of GWS and its suppliers or licensors (unless otherwise indicated), and may not be copied, imitated or used, in whole or in part, without the prior written permission of GWS or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing Global Wireless Solutions Mobile Diagnostics Application or any other name, trademark or product or service name of GWS MDA without our prior written permission. In addition, the look and feel of the GWS MDA Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GWS MDA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the GWS MDA Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
  7. Third Party Content
    GWS may use data provided by third parties, including but not limited to Google (Third Party Content). GWS does not monitor or have any control over any Third Party Content. GWS does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use Third Party Content contained therein at their own risk. Without limiting the foregoing, the maps used or provided via the GWS MDA Service are Third Party Content and are provided by Google, Inc., which provide such data to GWS on an “as is basis” only. To the extent You are allowed to post Third Party content via the GWS MDA Service, you agree to abide by all terms of service and/or end-user license agreements of said Third Party/-ies, and You further warrant that you have the right to post the Third Party content and You indemnify and will hold GWS harmless for any damages resulting from posting said Third Party content using the GWS MDA Service.
  8. Advertisements and Promotions; Third Party Products and Services
    GWS may run advertisements and promotions from third parties in the GWS MDA Service or may send you promotional offers or messages from third parties or regarding third party products and service through the GWS MDA Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than GWS, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You acknowledge and agree that GWS is not responsible or liable for any such dealings or third party products or service or for any loss or damage of any sort incurred as the result of such dealings, products or services or as the result of the presence of such non-GWS advertisers or offers through the GWS MDA Service.
  9. Conduct
    You agree not to use the GWS MDA Service for commercial purpose or for any illegal, unlawful, inappropriate or unauthorized purpose or activity.
  10. Submissions
    You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the GWS MDA Service, GWS or GWS’s products or services that are provided by you in the form of email or other submissions to GWS are non-confidential and shall become the sole property of GWS. GWS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  11. Indemnification
    You agree to defend, indemnify and hold harmless GWS, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct in connection with the GWS MDA Service or your use of or inability to use the GWS MDA Service, including without limitation any actual or threatened suit, demand or claim made against GWS and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
  12. Disclaimer
    THE GWS MDA SERVICE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GWS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE GWS MDA SERVICE. GWS DOES NOT REPRESENT OR WARRANT THAT INFORMATION OR MATERIALS OR THE GWS MDA SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GWS DOES NOT REPRESENT OR WARRANT THAT THE GWS MDA SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE ANY LOCATION BASED INFORMATION IS INTENDED SOLELY FOR PERSONAL USE AND SHOULD NOT BE RELIED UPON IN EMERGENCIES.GWS IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY USE THE GWS MDA SERVICE, AND YOUR USE OF THE GWS MDA SERVICE IS AT YOUR OWN RISK. GWS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE GWS MDA SERVICE OR ITS SERVER(S) OR ANY GWS MDA MATERIALS THAT YOU MAY DOWN LOAD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

    GWS reserves the right to change or discontinue any and all content contained in the GWS MDA Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GWS. The GWS MDA Service may be temporarily unavailable from time to time for maintenance or other reasons. GWS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. GWS is not responsible for any problems or technical malfunction of any telephone network or lines, mobile devices, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the GWS MDA Service. UNDER NO CIRCUMSTANCES WILL GWS BE RESPONSIBLE FOR ANY HARM, LOSS, INJURY, OR DAMAGE OF ANY KIND RESULTING FROM ANYONE’S USE OF THE GWS MDA SERVICE WHETHER ONLINE OR OFFLINE.

  13. Limitation of Liability
    IN NO EVENT SHALL GWS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GWS MDA SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE GWS MDA SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GWS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GWS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GWS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE GWS MDA SERVICE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GWS FOR ACCESS TO OR USE OF THE GWS MDA SERVICE.
  14. Applicable Law and Venue
    These Terms of Use and your use of the GWS MDA Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, applicable to agreements made and to be entirely performed within said Commonwealth, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the Commonwealth and Federal courts located in Loudon County of said State and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
  15. Termination
    Notwithstanding any of these Terms of Use, GWS reserves the right, without notice and in its sole discretion, to terminate your access and license to use the GWS MDA Service, and to block or prevent future your access to and use of the GWS MDA Service.
  16. Severability
    If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
  17. Questions & Contact Information
    Questions or comments about the GWS MDA Service may be directed to GWS at the email address speedtest@gwsolutions.com or by calling us at +1-703-661-7000.

II. End User License Agreement (EULA)

PLEASE READ THIS EULA CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE GWS MDA SOFTWARE. BY USING THE GWS MDA SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA WITH RESPECT TO THE GWS MDA SOFTWARE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONSENTS, DO NOT USE THE GWS MDA SOFTWARE

  1. Software License
    Subject to the terms and conditions in this EULA, we grant you a non-exclusive, non-transferable license to install and use a copy of the GWS MDA Software in object code form only, solely for your personal, noncommercial use in connection with the GWS MDA Service. Any software that updates, supplements or replaces the original GWS MDA Software is governed by this EULA unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this EULA or as otherwise provided in such separate terms.
  2. License Limitations
    The preceding states the entirety of your rights with respect to the GWS MDA Software, and we reserve all rights not expressly granted to you in this EULA. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following:
    (a) license or sell the GWS MDA Software;
    (b) distribute the GWS MDA Software except as expressly authorized by GWS;
    (c) use the Software for any purpose other than your personal, noncommercial use;
    (d) reverse engineer, decompile, disassemble or attempt to discover the source code for the GWS MDA Software;
    (e) modify, alter or create any derivative works of the GWS MDA Software; or
    (f) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the GWS MDA Software.
  3. Ownership
    The GWS MDA Software is the valuable property of GWS and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the GWS MDA Software, including all copyright and other intellectual property rights in the Software. Any and all use of the GWS MDA Software by You is in accordance with this limited license only.
  4. Disclaimers
    THE GWS MDA SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, THE SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. GWS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GWS DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, AND GWS SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE GWS MDA SERVICE OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED THEREWITH.
  5. Limitation of Liability
    IN NO EVENT WILL GWS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE SOFTWARE OR THIS EULA, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF GWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Termination
    GWS may terminate this EULA and any access to the GWS MDA service in connection with your use of the GWS MDA Software at any time for any reason or for no reason immediately upon notice. Upon such termination, you agree not to download, copy, install or use the GWS MDA Software (including any subsequent version of the GWS MDA Software). GWS may also discontinue the GWS MDA Service, in which case this EULA shall terminate automatically without notice. In the event of the termination of this EULA for any reason:
    (a) the license granted to you in this EULA will terminate;
    (b) you must immediately upon receiving any notice of termination cease all use of the GWS MDA Software and destroy or erase all copies of the GWS MDA Software in your possession or control; and
    (c) Sections 3 (Ownership), 4 (Disclaimers), 5 (Limitation of Liability), 6 (Termination), 7 (Governing Law; Jurisdiction) and 8 (General) will survive any such termination.
  7. Governing Law; Jurisdiction
    Unless expressly prohibited by local law, this EULA is governed by the laws of the Commonwealth of Virginia and the United States of America, without regard to any conflict of law principles to the contrary.
  8. General
    1. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA will remain in full force and effect.
    2. Headings; Interpretation. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.
    3. Assignment. You may not assign this Agreement or any of your rights under this EULA without the prior written consent of GWS, and any attempted assignment without such consent shall be void.
    4. Entire Agreement. This EULA sets forth our entire agreement with respect to the GWS MDA Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this EULA will be valid unless set forth in a written instrument signed by the party to be bound thereby.

III.Copyright Policy

Global Wireless Solutions, Inc., its officers, employees, affiliates, subsidiaries, divisions, representatives and agents acting on behalf of Global Wireless Solutions, Inc. (collectively referred to herein as “We”, “Us”, “Our” and “GWS”) respect others’ intellectual property rights, and request that the users of the GWS MDA and web site (“GWS MDA Service”) do the same. All content, including copyrightable works, trademarks, service marks, and patentable inventions, on the GWS MDA Service are the property of GWS unless explicitly stated otherwise. No right, title, or interest to the content is granted by your use of the GWS MDA Service, other than a right to review the content using a conventional Internet browser (i.e., ordinary web browsing).

Any other uses, including making copies of any content, are strictly prohibited.

In compliance with the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq., GWS does not interfere with standard technical measures identifying and/or protecting copyrighted works, and reserves the right to terminate any user account who is a repeat infringer of others’ copyrights.

DMCA Notices: It is GWS’s policy to respond to notices of alleged copyright infringement according to the DMCA. Regardless of whether or not GWS believes that it is liable for any copyright infringement for which it is provided notice, GWS’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscriber access to the GWS MDA Service, at our sole discretion and operating within the parameters of the DMCA as discussed below.

If you believe there is content on the GWS MDA Service that infringes your copyright, you may submit a DMCA Notification of alleged copyright infringement by emailing the DMCA Notification to: speedtest@gwsolutions.com, or by mailing the notice to:

Global Wireless Solutions, Inc.
DMCA Content Manager
23475 Rock Haven Way, Suite 165
Dulles, Virginia 20166

Any such DMCA Notification must include the following:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is requested to be removed or access to which is requested to be disabled, and information reasonably sufficient to permit GWS to locate the material.
  3. Information reasonably sufficient to permit GWS to contact you (i.e., the complaining party), such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a DMCA Notification in compliance with the above, GWS will act expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. If we remove or disable access in response to a DMCA Notification, we will make a good-faith attempt to contact the owner or administrator of the affected content so that they can submit a DMCA Counter-Notification, if applicable. We may also document notices of alleged infringement on which we act, and provide copies of notices of alleged infringement to third parties, at our discretion.

If your content has been removed by us in response to our receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by emailing the DMCA Counter-Notification to: speedtest@gwsolutions.com, or by mailing the notice to:

Global Wireless Solutions, Inc.
DMCA Content Manager
23475 Rock Haven Way, Suite 165
Dulles, Virginia 20166

Any such DMCA Counter-Notification must include the following:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial
    district for which jurisdiction for GWS would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person.
  4. A physical or electronic signature of the subscriber.

Upon receiving a DMCA Counter-Notification in compliance with the above, GWS will reasonably act to notify the person who provided the initial DMCA Notification with a copy of the DMCA Counter-Notification, and inform that person that GWS will replace the removed material or cease disabling access to it after 10 business days and no later than 14 business days. At such time, GWS will replace the removed material and cease disabling access to the removed material, unless we first receive notice from the person who submitted the initial DMCA Notification that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the web site.

IV.Privacy Policy

Legal policies can be long and tedious, we know. So these bullet points provide you with the highlights of our Privacy Policy. Feel free to read on for more details.

  1. The GWS MDA Service does not collect your name, physical address or email address.
  2. The GWS MDA Service does not share your mobile device identification information with other people or services.
  3. The GWS MDA Service does not give advertisers access to your mobile device identification information.
  4. The GWS MDA Service does not sell your mobile device identification information to anyone.
  1. Introduction
    This privacy policy (“Policy”) explains how mobile device identification information is collected, used, and disclosed with respect to your use of software and services provided by Global Wireless Solutions, Inc. (“GWS”, “we” or “us”) and accessed through your mobile device (the “GWS MDA Service”) so you can make an informed decision about using the GWS MDA Service. By using the GWS MDA Service, you represent that you are 13 years old or older and consent to the privacy practices described in this Policy, as may be modified by us from time to time. We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the privacy policy the date it was last updated.Your use of the GWS MDA Service following the posting of such changes or revised statement shall constitute your consent to any changes in our privacy practices, and you expressly waive any right to notice of such changes. We encourage you to review this Policy whenever you use the GWS MDA Services to make sure that you understand how any mobile device identification information you provide will be used.
  2. Types of Information
    1. Mobile Device Identification Information
      The GWS MDA Service does not collect your name, physical address and email address. As used herein, the term “mobile device identification information” means any information collected at the time a user performs a test while using the GWS MDA Service or any optional information that the user may provide when using the GWS MDA Service that specifically identifies the user’s mobile device. This currently includes a user’s mobile identification number. Mobile device identification information is only collected at the time the user performs a test.
    2. Test Information
      In addition to mobile device identification information that is collected when the user performs a test while using the GWS MDA Service, GWS MDA also collects “test information.” This includes but is not limited to:

      • test data related to the mobile device’s data connectivity and speed (for example data collected from the GWS MDA ping test, web browser load test, and file upload and download tests).
      • Mobile device information including but not limited to the mobile device model type, the mobile device operating system version, the mobile device hardware version
      • the mobile network carrier, mobile network type, roaming status, the mobile network KPIs including but not limited to Radio Signal Strength, Network Quality, Interference, Serving/Neighbor Cell ID etc.
      • test location
      • Date and Time of Test
      • WiFi SSID, BSSID and IP Address
      • Battery Level
      • Unique Encrypted Device ID
      • App usage summary and logs
    3. Aggregate Information
      Aggregate information is data we collect about the use of the GWS MDA Service from which mobile device identities or other information that identifies an individual mobile device has been removed or is otherwise unobtainable. Stated differently, aggregate information is anonymous-no user can be individually identified from aggregate information. Information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends so that we can better review and analyze the coverage characteristics of a wireless network. This policy in no way restricts or limits our collection and use of aggregate information, including the use and/or supply of aggregate information to one or more Third Parties.
  3. Sharing of collected information
    GWS may provide aggregate information to third parties. Mobile device identification information is never provided to third parties, as discussed above. We may share mobile device identification information with third party vendors, consultants and other service providers (Service Providers) who are engaged by or working with us in connection with the operation of the GWS MDA Service and who need access to such information to carry out their work for us. In some cases, the Service Provider may be directly collecting the information from you on our behalf. For example, we may use a third party service to route and process messages you send to the GWS MDA Service. We inform our Service Providers that any such information we provide may only be used to carry out their work for us. However, we are not responsible for the actions of such Service Providers, nor are we responsible for any additional information you provide directly to these Service Providers or to other third parties, and we encourage you to become familiar with their practices before disclosing information directly to them. Note that nothing herein restricts the use, sharing, and/or selling of aggregate information, which may be provided to third parties without your consent.Your use of the GWS MDA Service constitutes your consent to share this information in such manner and all such sharing of information is done at your own risk. We also recommend that you periodically review your privacy settings to ensure that they reflect your preferences.

    In addition, we may disclose mobile device identification information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of GWS, our users, our employees or the public, including without limitation to protect GWS or our users from fraudulent, abusive, inappropriate or unlawful use of the GWS MDA Service. Information about our users, including mobile device identification information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where mobile device identification information may be transferred as one of the business assets of GWS.

  4. Protection of collected information
    We have endeavored to put into place reasonable security measures in an effort to protect mobile device identification information while it is under our control. Your mobile device identification information is not viewable by other users nor available for viewing on our web site, www.gwsolutions.com.
  5. Users under the age of 13
    The GWS MDA Service is not intended for use by children under 13, and you must be 13 or older to create an account. By using the GWS MDA Service, users represent to us that they are 13 or over, and we do not knowingly collect any information from anyone we actually know is under 13 years of age. If you are under 13, do not attempt to create an account and do not provide any mobile device identification information through our GWS MDA Service.
  6. Users outside the United States of America All the data we collect is stored in the United States. If you use the GWS MDA Service from outside the US and provide mobile device identification information to us, your mobile device identification information will be transferred to the United States. Through your use of the GWS MDA Service, you consent to such transfer and to the use of the information in the United States.
  7. Inquiries

If you have any questions or comments about this Policy or the practices relating to the GWS MDA Service please contact us at support@gwsolutions.com, and we will endeavor to respond to your inquiry. In lieu of email, you may also contact us by mail at the following address:

Global Wireless Solutions, Inc.
Attn: Privacy Policy
23475 Rock Haven Way, Suite 165
Dulles, Virginia 20166