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 site and copyright infringement notice

IV. Privacy Policy

Last Edited: Sept 13, 2023 (ver. 23.7.12)

I. Terms of Use

PLEASE READ THIS ENTIRE DOCUMENT (“Agreement”) BY ACCESSING OR USING THE GWS ONEMEASURETM SOFTWARE AND SERVICE 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 to your access to, and use of, services provided by Global Wireless Solutions Inc. (in the US) and/or Global Wireless Solutions Ltd (in the UK) (collectively referred to as “GWS”) including the OneMeasure™ software and services (collectively referred to as “OneMeasure Service”) provided by GWS and accessed through your mobile device or the GWS web site. Current applications and products that are part of the OneMeasure Service include OneMeasure Lite and OneMeasure Perks. 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.  In the U.S., GWS is located at 23475 Rock Haven Way, Suite 265, Dulles, Virginia 20166.  In the U.K., GWS is located at The St Botolph Building, 138 Houndsditch, London EC3A 7AR.

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 OneMeasure 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 OneMeasure 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 OneMeasure 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 OneMeasure Service. If you do not agree to the amended terms, you must stop using the OneMeasure 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.

Eligibility

OneMeasure Perks

OneMeasure Perks is intended solely for users in U.S. and U.K. who are 18 years of age or older, and any use of or access to OneMeasure Perks by anyone under 18 is prohibited, unauthorized, unlicensed and in violation of this Agreement. By using OneMeasure Perks, you represent and warrant that you are eighteen or older and that you agree to and will 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 OneMeasure Perks 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 18.

All other applications and products forming part of the OneMeasure Service

All applications and products forming part of the OneMeasure Service (other than OneMeasure Perks) are intended solely for users who are 13 years of age or older, and any use of or access to such applications and products by anyone under 13 is prohibited, unauthorized, unlicensed and in violation of this Agreement. By using applications and products which form part of the OneMeasure Service (with the exception of OneMeasure Perks), you represent and warrant that you are thirteen or older and that you agree to and will 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 OneMeasure 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.

OneMeasure Software

Your use of the OneMeasure Service may involve the download, installation and use of certain OneMeasure client software (the “OneMeasure Software”). Downloading OneMeasure requires data services (WiFi or Cellular Data). Although GWS does not charge you for OneMeasure software download and use of content, carrier data fees including roaming charges may apply. Your download, installation and use of any OneMeasure 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.

Copyright and Limited License

Unless otherwise indicated in the OneMeasure Service, the Service and all content and other materials accessible through the OneMeasure Service, including, without limitation, the OneMeasure 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 OneMeasure 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 OneMeasure Service; (d) modifying or otherwise making any derivative uses of the Service Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) 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 OneMeasure Service; or (g) any use of the OneMeasure Service or the Service Materials other than for its intended purpose. Any use of the OneMeasure 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. Further, any authorized use of GWS material requires attribution (Ex: data provided by Global Wireless Solutions).

Copyright Issues and Repeat Infringer Policy

If you believe that anything in the OneMeasure 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 OneMeasure Service of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Trademarks

OneMeasure and any other product or service name or slogan contained in the OneMeasure 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 OneMeasure without our prior written permission. In addition, the look and feel of the OneMeasure Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of OneMeasure 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 OneMeasure 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.

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 OneMeasure 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 OneMeasure 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 OneMeasure Service.

Advertisements and Promotions; Third Party Products and Services

GWS may run advertisements and promotions from third parties in the OneMeasure Service or may send you promotional offers or messages from third parties or regarding third party products and service through the OneMeasure 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 OneMeasure Service.

Conduct

You agree not to use the OneMeasure Service for commercial purpose or for any illegal, unlawful, inappropriate or unauthorized purpose or activity.

Your use of OneMeasure Perks

You agree that if You register as a panelist with OneMeasure Perks, You will only create one account with OneMeasure Perks which is linked to one mobile device.

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 OneMeasure 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.

Rewards Program

The OneMeasure service may include a Rewards Program that offers one or more opportunities for users to earn rewards, points, loyalty points, or similarly styled benefits, collectively referred to herein as Rewards.  The Rewards Program may be offered by OneMeasure directly or through a third-party partner that administers the OneMeasure Rewards Program.

Until you redeem Rewards, any earned or accrued Rewards shall be considered the property of GWS. Regardless of whether they are expressed as points or dollar amounts, Rewards have no cash, monetary, or other value and are only redeemable for gift cards or other prizes or redemption methods as may be offered by the Rewards Program from time to time (collectively, “Redemption Prizes”), subject to these Terms and the Rewards Program redemption requirements at the time of redemption.  Any Account that has not logged any activity and which has neither received nor redeemed Rewards for one (1) year or more may be deemed inactive and the Account closed, and any Rewards therein are forfeit.

There may be a maximum limit placed on the amount of Rewards that you can accrue in your account, at which point you might be required to redeem Rewards before you can earn or accrue further Rewards.

We may also adopt or modify our Rewards expiration rules and policies for any past, present, or future Rewards from time to time, and if your Rewards expire pursuant to such then-current rules or policies, we may remove such Rewards from your Account, without any compensation or further obligation to you regarding the expired Rewards.

You acknowledge and agree that we do not have the obligation or ability to determine whether or not the Rewards you received or redeemed in any Rewards Program are considered reportable income or taxable earnings in your jurisdiction. Any unspecified expenses related to participation in the Rewards Program are solely the user’s responsibility. GWS will not be liable for any tax liability, duty, or other charges in connection with the issuance of points or any other Service or Rewards Program benefits.

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 OneMeasure Service or your use of or inability to use the OneMeasure 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.

Disclaimer

THE OneMeasure 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 OneMeasure SERVICE. GWS DOES NOT REPRESENT OR WARRANT THAT INFORMATION OR MATERIALS OR THE OneMeasure SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GWS DOES NOT REPRESENT OR WARRANT THAT THE OneMeasure 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 OneMeasure SERVICE, AND YOUR USE OF THE OneMeasure SERVICE IS AT YOUR OWN RISK. GWS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE OneMeasure SERVICE OR ITS SERVER(S) OR ANY OneMeasure 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 OneMeasure 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 OneMeasure 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 OneMeasure 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 OneMeasure SERVICE WHETHER ONLINE OR OFFLINE.

Notwithstanding the above, if you are a consumer user based in the UK then you will have certain statutory rights in relation to digital content GWS provides to you (such as software or applications/apps). Nothing in the Agreement is intended to affect your statutory rights, which GWS hereby agrees to honour in full, and where there is a conflict with what is written in the Agreement and your statutory rights, your statutory rights will prevail. In particular, the Consumer Rights Act 2015 says:

  • that digital content must be as described, fit for purpose and of satisfactory quality and GWS hereby warrants and undertakes that this will be the case;
  • if your digital content is faulty, you’re entitled to a repair or replacement from GWS. If the fault can’t be fixed or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can (where you have a paid GWS a fee for any digital content) get some or all of your money back from GWS; and
  • if you can show the fault has damaged your device and GWS hasn’t used reasonable care and skill, you may be entitled to repair or compensation from GWS.

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 OneMeasure SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE OneMeasure 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 OneMeasure SERVICE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GWS FOR ACCESS TO OR USE OF THE OneMeasure SERVICE.

You further agree that the Company will not be liable for, nor be required to provide any compensation to you with respect to, the termination of any Rewards Program or any third-party reward opportunities (e.g., via the Offer Wall, Survey Wall, or the like), including without limitation any unredeemed Rewards in your Account or otherwise existing in your favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals. You agree that we are not responsible for the loss or impairment of any past, present, or future Rewards, in the event there is any change in the potential value or redemption options for any Rewards, or any data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the amount of Rewards or balance of any Account.

Notwithstanding the above, if you are a consumer user based in the UK then (i) none of the exclusions or limitations set out in the Agreement are intended to exclude or limit GWS’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability which cannot be legally excluded or limited; and (ii) all exclusions or limitations in the Agreement should be read and construed as being subject to this paragraph.

Applicable Law and Venue

These Terms of Use and your use of the OneMeasure 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.

Notwithstanding the above, if you are a consumer user based in the UK then the governing law and jurisdiction shall be the laws and courts of your usual place of residence. For example, if you are based in England then you may opt to bring any proceedings against GWS in the English courts and the Agreement will be construed in accordance with English law.

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 OneMeasure Service, and to block or prevent future your access to and use of the OneMeasure Service.

No Third-Party Beneficiaries

This Agreement is between you and us. There are no third-party beneficiaries.

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.

Questions & Contact Information

Questions or comments about the OneMeasure 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 OneMeasure SOFTWARE. BY USING THE OneMeasure SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA WITH RESPECT TO THE OneMeasure SOFTWARE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONSENTS, DO NOT USE THE OneMeasure SOFTWARE

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 OneMeasure Software in object code form only, solely for your personal, noncommercial use in connection with the OneMeasure Service. Any software that updates, supplements or replaces the original OneMeasure 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.

License Limitations

The preceding states the entirety of your rights with respect to the OneMeasure 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 OneMeasure Software; (b) distribute the OneMeasure Software except as expressly authorized by GWS; (b) use the Software for any purpose other than your personal, noncommercial use; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for the OneMeasure Software; (d) modify, alter or create any derivative works of the OneMeasure Software; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the OneMeasure Software.

Ownership

The OneMeasure 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 OneMeasure Software, including all copyright and other intellectual property rights in the Software. Any and all use of the OneMeasure Software by You is in accordance with this limited license only.

Disclaimers

THE OneMeasure 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 OneMeasure SERVICE OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED THEREWITH.

Notwithstanding the above, if you are a consumer user based in the UK then you will have certain statutory rights in relation to digital content GWS provides to you (such as software or applications/apps). Nothing in this EULA is intended to affect your statutory rights, which GWS hereby agrees to honour in full, and where there is a conflict with what is written in this EULA and your statutory rights, your statutory rights will prevail. In particular, the Consumer Rights Act 2015 says:

  • that digital content must be as described, fit for purpose and of satisfactory quality and GWS hereby warrants and undertakes that this will be the case;
  • if your digital content is faulty, you’re entitled to a repair or replacement from GWS. If the fault can’t be fixed or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can (where you have a paid GWS a fee for any digital content) get some or all of your money back from GWS; and
  • if you can show the fault has damaged your device and GWS hasn’t used reasonable care and skill, you may be entitled to repair or compensation from GWS.

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.

Notwithstanding the above, if you are a consumer user based in the UK then (i) none of the exclusions or limitations set out in this EULA are intended to exclude or limit GWS’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability which cannot be legally excluded or limited; and (ii) all exclusions or limitations in this EULA should be read and construed as being subject to this paragraph.

Termination

GWS may terminate this EULA and any access to the OneMeasure service in connection with your use of the OneMeasure 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 OneMeasure Software (including any subsequent version of the OneMeasure Software). GWS may also discontinue the OneMeasure 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 OneMeasure Software and destroy or erase all copies of the OneMeasure 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.

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.

Notwithstanding the above, if you are a consumer user based in the UK then the governing law and jurisdiction shall be the laws and courts of your usual place of residence. For example, if you are based in England then you may opt to bring any proceedings against GWS in the English courts and this EULA will be construed in accordance with English law.

General

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.

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.

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.

Entire Agreement. This EULA sets forth our entire agreement with respect to the OneMeasure 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 OneMeasure and web site (“OneMeasure Service”) do the same. All content, including copyrightable works, trademarks, service marks, and patentable inventions, on the OneMeasure 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 OneMeasure 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. Further, any use of GWS material requires attribution (Ex: data provided by Global Wireless Solutions).

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 OneMeasure Service, at our sole discretion and operating within the parameters of the DMCA as discussed below.

If you believe there is content on the OneMeasure 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 265
Dulles, Virginia 20166

Any such DMCA Notification must include the following:

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.

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.

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.

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.

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.

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 265
Dulles, Virginia 20166

Any such DMCA Counter-Notification must include the following:

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.

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.

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.

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. GWS PRIVACY NOTICE

What is the purpose of this privacy notice?

This privacy notice is designed to help you understand how the GWS companies collect and use your information in their capacity as a controller. The GWS companies covered are Global Wireless Solutions – UK Limited, a private limited company with company number 10557957 and whose registered office is at The St Botolph Building, 138 Houndsditch, London EC3A 7AR, and Global Wireless Solutions, Inc. located at 23475 Rock Haven Way, Suite 265, Dulles, Virginia 20166.

By ‘your information’, we mean information which relates to you or allows us to identify you. This may include obvious things like your name, address and telephone number (although please note that in the context of our OneMeasure Perks project, we will not collect this information). But your information can also include things like your IP address which identifies you when you visit our websites.

This notice may be updated from time to time. This version was last edited as of the date indicated above.  Mobile users will be notified via push notifications or email when these policies are changed.  Web users will be notified via an on-screen popup, which we track through the use of a required cookie.  You are free to delete the cookie, however, you will then have to accept these legal policies every time you visit a GWS web site.

Our responsibility to you

We provide wireless network benchmarking, analysis and testing services as well as consumer research services to our customers. In common with most businesses, we collect, use and share information, including personal information, in connection with providing our services and running our business.

We process your information in our capacity as a controller. This means we are responsible for ensuring that we comply with relevant data protection laws when processing your information. This includes where we process personal data as part of providing our services to our customers.

Does GWS hold information about me?

We only collect information about you in connection with providing our services and running our business. GWS collects information about you where:

  • you work for an organisation which has (or potentially has) business dealings with us (so organisations such as customers/potential customers of GWS, suppliers to GWS, and government agencies)
  • you are an applicant for a job with us
  • you visit our websites
  • you download and use one of our mobile applications

Representatives

Where you have (or potentially have) business dealings with us through your organisation, most of the information which we hold about you will come directly from you. Either you will have provided the information in answer to questions from us, or we will have obtained the information from the business cards you present to us or from the correspondence you send to us. We may also obtain information about you via your organisation or from external sources.

Job applicants

Where you are applying for a job, we will ask you to provide specific information about yourself. We might conduct checks in order to verify your identity and the information in your application, and to assess your suitability for the role. This process may involve obtaining information about you from third party sources (such as the electoral role), and from your social media accounts.

Our websites and cookies

Our websites may invite you to provide us with your personal information. Where you provide us with information, we will only use it for the purpose for which it has been provided by you.

Our websites use a small number of non-intrusive cookies to help them work more efficiently and to provide us with information on how the websites are being used. In particular, the sites use Google Analytics, a web-based analytics tool that tracks and reports on the manner in which each website is used to help us to improve it. Google Analytics does this by placing ‘cookies’ on your device. Note that Google will also have its own control of this information, and will hold it on its servers in the United States in accordance with its own privacy policies. Further information on this topic is available at “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time).

You can control cookies through the settings or preferences of your browser, as well as through dedicated browser extensions or add-ons. For more information on cookies, see allaboutcookies.org.

Our mobile applications

Our GWS mobile phone diagnostic application, and the mobile diagnostic services that we provide using the application, collect information regarding your mobile device. When you download and use the application we will also assign a unique code to your mobile device. We do not collect your name, physical address or email address, nor do we share your mobile device identification information with other people outside of the GWS group of companies, as part of this process. With your consent, we will also track your mobile device’s location via the app in order to provide the full functionality of our diagnostic services.

OneMeasure Perks

OneMeasure Perks is based on a panel of paid users (all aged 18 or over). Panelists participating in our project will install an app on their phones. This section of the privacy notice applies only to the individuals participating in our OneMeasure Perks project, as do all other sections under the heading ‘OneMeasure Perks’.

If you agree to participate in OneMeasure Perks, we do not collect your name or physical address. However, we may ask you for your home area, postcode and certain demographic data including:

  • your age and year of birth;
  • your gender;
  • your zip/postal code;
  • your occupation and personal income;
  • your marital status;
  • your ethnicity;
  • information about your education;
  • whether your household includes individuals aged 18 or over and/or individuals under the age of 18; and
  • your household income.

We will also collect your email address in order to provide you with compensation via our rewards programme administrator.

Once you have agreed to participate in OneMeasure Perks and have downloaded our app, we may collect further personal data through that app. We may:

  • track your mobile device’s location and IP address, app usage and apps installed via the app; and
  • collect information about your engagement with your mobile device. For example, we may record the fact that you open a specific application such as a browser, an online game, a social media app or a sports betting app, listen to a podcast or make a telephone call.

Please note that the app will not give us access to the content that you view or the calls that you make.

We may also collect certain information about your device, such as your ISP, phone type, device ID and mobile network operator.

Whilst our app is installed on your device, you may receive requests via the app to fill in optional surveys about a range of topics. You will receive additional compensation in exchange for filling in these surveys.

To help protect your privacy, you will be assigned a unique panel ID and information about you will be linked to that unique panel ID in our systems.

What kind of information about me does GWS hold?

There are different types of personal information. The most important types for you to know about are:

  • Special categories of personal information: these categories of personal information often have additional protection under data protection laws around the world. These categories include information about your health, racial or ethnic origin, political opinions, religious or philosophical beliefs and trade union membership, your genetic data and biometric data, and information concerning your sex life or sexual orientation.
  • Criminal convictions information: this is information relating to your criminal convictions and offences. Local data protection laws may restrict the way in which we can use this information when compared to, for example, your name and address.

 

We do not generally collect special categories of personal information or criminal convictions information, although we may collect limited amounts of these types of information in relation to our staff recruitment activities.

OneMeasure Perks: as part of OneMeasure Perks, we may ask participants for their ethnicity. In addition, whilst we do not look to collect data relating to health, the information we may gather may include, where applicable, any interaction with health-related apps. Please note that we will not have access to any information contained within these apps.

 

What does GWS do with my information, and what is the legal basis for this?

We are required by law to identify the legal bases on which we use your information.

We use the information which we collect about you mainly on the basis of ‘legitimate interests’ and, in our view, our use of your information in this manner does not have any detrimental impact on you or your rights.

In particular:

  • Representatives: we have a legitimate interest in contacting and dealing with individuals that work for an organisation which has (or potentially has) business dealings with us. This includes sending relevant marketing communications or making relevant marketing calls to such individual. When we send you marketing communications or make marketing calls, there are additional marketing-specific laws that we adhere to, in addition to data protection laws. You may opt out of receiving marketing communications from us at any time, and each communication we send provides a straightforward means of doing so
  • Job applicants: we have a legitimate interest in knowing the identity and background of the individuals we employ to ensure we have the appropriate staff to comply with our various legal and regulatory obligations and ethical duties. For special categories of personal information and criminal convictions information processed as part of job applications with us, we have the right to use that information based on the employment protection lawful basis
  • Our websites: we have a legitimate interest in providing to you the facilities on our website that you have requested and in understanding how our websites are used
  • Our mobile applications: we have a legitimate interest in providing to you the facilities and services on our mobile applications that you have requested and in understanding how our applications are used. Where we track your mobile device location, we will do so only with your consent. You have the right to withdraw your consent to our tracking of your device at any time, but please note that if you do so you will not be able to benefit from the full functionality of the services we offer via our apps. Our applications explain how you withdraw your consent.
  • OneMeasure Perks: we rely on your consent to collect information about your ethnicity, monitor your use of your mobile device – including, where applicable, your interaction with health-related apps – and to track your device location. You have the right to withdraw your consent at any time by deleting the app. Please note that if you do so your participation in OneMeasure Perks will cease with immediate effect and you will not receive any further compensation.

In addition, we may process your personal information where necessary for compliance with a legal obligation to which we are subject.

Does GWS share my information with anyone else?

We do not sell your information nor make it generally available to others, except as otherwise provided herein. We do share your information in the following circumstances:

  • we have a number of affiliate companies around the world operating under the name “GWS”. Where it is necessary or appropriate for our affiliates to process your information in connection with our dealings with you, we will share your information with them
  • we use the services of various external companies to help us run our business efficiently, particularly in relation to our IT systems. Some of these services involve the service provider holding and using your personal information
  • your information may be shared with our professional service providers, such as accountants, where necessary or appropriate. These service providers will be separate controllers of your information, and will be responsible for how they manage your information
  • if you work for an organisation which has business dealings with us or if you apply for a job with us, we might provide some of your information to search companies so they can verify your identity on our behalf
  • if we sell all or part of our business, then your information will be transferred to the new owner to enable the continuation of the business

Where service providers are acting on our behalf (such as IT companies), they are required to keep your information safe and secure. They are also not permitted to use your information for their own purposes.

OneMeasure Perks: in relation to OneMeasure Perks only, please note that aggregated, anonymised information which does not identify specific individuals may be sold to or shared with third parties for market research purposes only. Our rewards programme administrator will only have access to your email address (and not to any other personal data relating to you) for the purpose of providing you with compensation.  Your email address is not sold or distributed to third parties as part of this process.

Does GWS transfer my information?

The global nature of our business means that your personal information may well be transferred across national boundaries, including, potentially, to countries that do not require organisations by law to look after your personal information in the way in which you have come to expect in your own country.

Where we transfer your information to organisations outside the country in which it was collected, we will do so on a basis which is lawful under the applicable data protection laws. Generally, this means that where the organisation is located in a country which does not have adequate privacy protection, we will put in place a contract with the third party that includes the standard international data transfer contractual terms approved by the country from which the data is transferred.

Does GWS make automated decisions about me?

We do not use profiling (where an electronic system uses personal information to try and predict something about you) or automated decision making (where an electronic system uses personal information to make a decision about you without human intervention).

How do you keep my information safe?

We take security issues seriously. We implement appropriate steps to help maintain the security of our information systems and processes and prevent the accidental destruction, loss or unauthorised disclosure of the personal information we process.

How long does GWS retain my information?

We do not keep your information forever.

We keep your personal information in accordance with our data retention policy which categorises all of the information held by us and specifies the appropriate retention period for each category of information.  Those periods are based on the requirements of relevant data protection laws and the purpose for which the information is collected and used, taking into account legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, good practice and our business purposes.

What rights do I have in respect of my information?

You have a number of legal rights in respect of your information:

  • you can ask us to provide further details about our use of your information
  • you can ask us to give you a copy of your information
  • you can ask us to correct any inaccuracies in your information
  • you can ask us to erase your information or to restrict our use of your information
  • you can object to our use of your information due to your particular circumstances

Please note that some of these rights might be subject to limitations or exceptions.

We are obliged to keep your information accurate and up to date. Please help us to do this by advising us of any changes to your information.

What if I need to contact GWS or have a complaint?

If you have any questions, concerns or requests in relation to our use of your information, please email us at dataprotection@gwsolutions.com.

You can also complain about our use of your information to the UK Information Commissioner’s Office (https://ico.org.uk/global/contact-us/) – this applies wherever you are based. If you are based in the European Union, you also have the option of complaining to the data protection authority in your country.