User Terms and Conditions

User Terms and Conditions

Study Participation Terms and Conditions

1.1           By applying to participate in this study, you agree that your application is governed by the following terms and conditions.

1.2           Applications for participation in the study will be accepted from July 1, 2021 until August 15, 2021. Applications received after that date will not be considered.                              

1.3           All applications must include your name, email address, mailing address (including postal code), Internet service provider and your Internet speed. Applications that do not provide all this required information will not be eligible to selected for the study.

1.4           You may only submit one application per household to this study. Any additional applications will not be considered for the study.

1.5           The study will be for 90 days. As a thank you to all participants in the study that complete the study as required, participants will receive up to  $200 in Amazon gift cards within 7 days of the end of the study. The gift card is subject to the terms and conditions set out by Amazon.com, Inc. Please note that the gift card is not available to Quebec residents.

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§  Entering details in the signup page does not mean you will be selected to participate in the study. Participants for the study will be selected by SamKnows Limited (“SamKnows”) based on its eligibility criteria.

§  Applicants will be notified within 45 days of the closing date for applications if they have been selected to participate in the study. Please check your Junk/Spam folders to avoid missing the notification email.

§  If selected, you will be sent a “Whitebox” to self-install in your homes to your router. The Whitebox will be sent with step-by-step instructions on how to install it. The Whitebox must be installed within 7 days of receipt.

§  The Whitebox only measures Internet performance of your internet connection. It does not record any personal information other than your IP address nor does it track your activity online. For example, it does not track the websites you visit or the content you download.

§  The study period starts once you install the Whitebox on your router while your router is connected to the Internet. In order to receive up to $200 in Amazon gift card, you will need to ensure the Whitebox is connected to your router and your router is connected to the Internet for at least 10 days out of each 30 day period during the 90 day study period so that the Whitebox can run its tests. For each month that this is successfully done, you will earn a $66.66 Amazon gift card to a maximum of $200 in Amazon gift cards over the course of the whole study.

§  The Whitebox must be able to run at least one complete suite of tests in each 24 period. Tests can only be run, if the Whitebox cannot detect any user activity on the line (e.g. if someone in the household is watching a video streaming service tests will not run).

§  At the end of the study, you may keep the Whitebox free of charge and continue to view your own data for as long as the Test My ISP project continues, or you may dispose of the Whitebox in an environmentally-friendly manner.

§  The study and your use of the Whitebox will be conducted in accordance with our end user licence agreement set out at the bottom of these terms (the “Whitebox Terms”). By applying to participate in the study, you agree that if selected to participate, your participation will be governed by the Whitebox Terms.

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2               Selection Criteria of the eligible participants

2.1           Selection of applicants to participate in the study will be based on SamKnows’ eligibility criteria which include but are not limited to the Internet provider and speed the applicant purchased as well as the geographic location of the applicant. Specifically, all participants must have one of the following Internet products with one of the following providers:

  • Bell Canada – Gigabit Fibe / Fibe Gigabit / Fibe Internet 300 / Fibe Interent 500
  • Shaw – Fibre+Gig -
  • Rogers – Ignite Internet 1000u / Elan Internet 1000i
  • Cogeco – Ultra Fibre 360 Illimité / UltraFibre 360 unlimited
  • Videotron – Internet 400
  • Eastlink: Internet 1Gb Fibre Link

2.2           Applicants who meet the criteria will be selected on a first come first served basis to a maximum of 80 participants.

3               Incentive

3.1           The incentive is a thank you gift for participants who successfully complete the study and will be up to $200 in Amazon digital gift cards, which are subject to Amazon.com, Inc.’s terms and conditions..

3.2           Any issues with receipt of the gift card should be directed to community@samknows.com for resolution.

4               Personal Information

4.1           As part of the signup process, we need to collect certain personal information from you. If you are selected to participate in the study, the Whitebox will not collect any further personal information other than your IP address. Any personal information will be used strictly for the purposes of this study and will be used in accordance with our Privacy Policy at: https://www.testmyisp.com/privacy-policy.

5               General

5.1           The study is operated by SamKnows Limited of Hill House, 1 Little New Street, London, EC4A 3TR.

5.2           Participants acknowledge that copyright in test data will be owned by SamKnows or its end customers. Participants agree to assign to the promoter and the appropriate ISP all intellectual property rights in the test data and waive their moral rights in any such data.

5.3           To the extent permitted by applicable law, SamKnows’ liability for negligence, breach of contract, tort or other causes of action, including fundamental breach, is limited to payment, upon request, for actual and direct damages of a maximum amount of $200. SamKnows is not liable for any indirect, special, consequential, incidental, economic, exemplary or punitive damages even if advised of the possibility of such damages.

5.4           To the extent permitted by applicable law, these terms and conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the Federal Courts of Canada applicable therein. To the extent permitted by law, any disputes shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario or the Federal Court of Canada sitting in that province.

Whitebox Terms

1. Definitions

1.1 The following definitions apply to these Terms and Conditions.

Connection Equipment: Your broadband router and/or modem, used to provide Your Connection.

Connection: Your own broadband internet connection, provided by Your Internet Service Provider ("ISP").

General Public License: a license for free open software.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

ISP: the internet service provider providing broadband internet connection to You during the term of this Program.

Measurement Services/Program: the performance, test and measurement of certain broadband and Internet services and research program, as run by SamKnows.

Open Source Software: the software in the Whitebox device that is licensed under an open source licence (including the General Public License).

Participant/You/Your: the person who volunteers to participate in the Program, under these terms and conditions. You must be the named account holder on the internet service account with the ISP.

Program: TestMyIsp, under which SamKnows is measuring the performance of broadband internet connections in Canada.

Software: the software that has been installed and/or remotely uploaded onto the Whitebox, by SamKnows as updated by SamKnows, from time to time, but not including any Open Source Software.

Test Results: information concerning Your Connection service results.

Whitebox: the hardware supplied to You by SamKnows which incorporates the Software.

2. Our Commitment to You

2.1 If You are selected, we shall:

(a) supply You with a Whitebox and instructions detailing how it should be connected to Your Connection Equipment;

(b) provide You with the Measurement Services under these terms and conditions;

(c) only access, collect, use, process, store, distribute, and disclose data for the purposes and reasons specified in this agreement and in our privacy policy not for any additional purposes without Your consent; and work to ensure that the data we collect is accurate and up-to-date, working with You and Your ISP. By agreeing to these Terms and Conditions, you consent to the access to, collection, use, processing, disclosure and distribution of data, including Your Personal Information (as defined in clause 4 below), for the purposes stated herein and in our privacy Policy.

2.2 In addition, SamKnows shall:

(a) provide You with access to a Program-specific customer support email address, which You may use for questions and to give feedback and comments;

(b) provide You with a unique login identifier and password in order to access an online reporting system for access to Your broadband performance statistics;

(c) provide You with a monthly email with Your specific data from the Program or notifying You that Your individual data is ready for viewing;

(d) provide You with support and troubleshooting services in case of problems or issues with Your Whitebox; and

(e) provide a mechanism for You to opt out of any further performance/measuring services and research before collecting any data after termination of the Program;

2.3 While SamKnows will make all reasonable efforts to ensure that the Measurement Services cause no disruption to the performance of Your Connection, You acknowledge that the Measurement Services may occasionally impact the performance of Your Connection and agree to hold SamKnows and Your ISP harmless for any impact the Services may have on the performance of Your Connection.

2.4 If You are selected to participate in the Program, delivery of a Whitebox will be through ordinary postal mail, and will typically take place within 28 days of your acceptance. We will not be responsible for any delays in delivery. We will only ship to a valid mailing address in Canada (as determined by SamKnows in our sole and absolute discretion).

3. Your Commitment to the Program

3.1 You do not have to pay any fee to participate in the Program or get the Measurement Services.

3.2 You agree to use reasonable efforts:

(a) to connect the Whitebox we send to Your Connection Equipment within 14 days of receiving it if selected to participate;

(b) not unplug or disconnect the Whitebox unless You are away from Your home or You need to conduct maintenance on Your network, in each case You agree to try to minimize the length of time the Whitebox is disconnected;

(c) not in any way reverse engineer, tamper with, dispose of, transfer or damage the Whitebox (or attempt to do so);

(d) tell us within 7 days if You change Your ISP or You downgrade/upgrade to a different broadband package, by using the email address provided by SamKnows;

(e) tell us if You change Your postal or email address within 7 days;

(f) acknowledge and agree that we may, at any time and for any reason, upgrade the Whitebox we have sent You; and

(g) tell us if You have any issues or problems with Your Whitebox by using the email address provided by SamKnows.

3.3 You will not give or otherwise transfer the Whitebox or the Software to any third party, including (without limitation) to any ISP. You may give the Open Source Software to any person in accordance with the terms of the relevant open source licence.

4. Your data

4.1 In the course of performing the Measurement Services, we will collect certain information about You that could be used to identify You personally ("Personal Information, or PI"). Specifically, we will collect:

(a) Your name

(b) Your address and email address

(c) Your IP Address

(d) Your telephone number

4.2 Except for Your ISP as described below, or as required by applicable law or regulation, we will not provide any PI to any third party without first obtaining Your prior consent. We shall comply with all applicable Canadian privacy laws and regulations. In doing so, we will only access, collect, use, process, store, aggregate, distribute and disclose Personal Information as required by the Program and with your consent as provided by You to us when you agree to these Terms and Conditions. Furthermore, we will not maintain any Personal Information longer than is necessary for the purposes of the Program.

4.3 Notwithstanding Section 4.2, You acknowledge and agree that we may share some of Your PI with Your ISP, and request information about You from Your ISP so that they may confirm Your service tiers and other information relevant to the Program. Accordingly You hereby expressly consent to any such disclosure by us to Your ISP, and by Your ISP to Us, and agree that such disclosure shall not constitute a violation of any applicable privacy laws and regulations.

4.4 In addition to collection of PI, we will also collect non-personally identifiable information/data about Your broadband internet performance. You acknowledge and agree that we may share any such non-personally identifiable information/data with any third parties as part of the Program. We may also use your PI to generate aggregate statistical data, as well as non-personally identifiable information produced as a result of the Measurement Services (including the Test Results) with ISPs, and by agreeing to these Terms and Conditions, you consent to the use and disclosure of such information/data as described herein.

4.5 SamKnows is located in the United Kingdom. Accordingly, as part of the Program, Your Personal Information and other information/data will be transferred to, processed in, and stored in the United Kingdom. In addition, to administer the Program, SamKnows may use third party service providers in other jurisdictions to process your Personal Information and other information/data on our behalf and solely for the purposes of the Program. While located in the UK and other foreign jurisdictions, your Personal Information may be accessible to law enforcement and other authorities in accordance with the laws of those jurisdictions.

4.6 You may withdraw your consent to participation in the Program and our further collection, use, processing, disclosure and distribution of Your PI at any time, however, such withdrawal of consent will not operate retroactively and may be subject to legal or contractual restrictions.

4.7 The purpose of the Measurement Services is to measure Your Connection and compare this data with other consumers to create a representative index of broadband performance around the world. We access and use only data generated through the Whitebox. WE DO NOT AND WILL NOT MONITOR OR TRACK YOUR INTERNET ACTIVITY IN ANY WAY, INCLUDING WEBSITES YOU VISIT OR ANY CONTENT OR DATA RELATING TO YOUR INTERNET ACTIVITY.

5. Intellectual Property Rights

5.1 Insofar as may reasonably be deemed to be necessary, SamKnows hereby grants You such limited non-transferable, revocable license as may strictly be deemed necessary for You to perform Your obligations under this Agreement and participate in the Program.

5.2 Nothing in these Terms and Conditions is intended to nor will it transfer or create any Intellectual Property Rights to You.

5.3 For the avoidance of doubt, participation in the Program gives You no Intellectual Property Rights in the Test Results. You hereby acknowledge and agree that SamKnows may make such use of the Test Results as part of the Program, consistent with provisions of Section 4, above.

5.4 You hereby acknowledge that the Whitebox and Software are protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Whitebox and Software does not grant or transfer to you any ownership or other rights in the Whitebox and Software, and except as expressly provided, nothing herein shall be construed as conferring on you or any other person any license under any of SamKnows or any third party’s intellectual property rights. Any rights not expressly granted to you in these Terms and Conditions are expressly reserved by SamKnows. For greater certainty, you agree that you will not take any action that is inconsistent with SamKnows ownership of the Whitebox and Software.

5.5 Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Whitebox and Software and the Program and any associated materials may constitute trade names, registered or unregistered trade-marks or service marks of SamKnows or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All trade-marks not owned by SamKnows are the property of their respective owners, and, where used by SamKnows are used under license or with permission. All trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Whitebox and Software may be construed as granting, by implication, estoppel, or otherwise, any license to use any trade-mark(s). You agree that you will not take any actions inconsistent with SamKnows ownership of, or any third party’s ownership of, the trade-marks.

6. Limitations of Liability

6.1 This clause 6 sets out the entire financial liability of SamKnows (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to You, including (without limitation) in respect of:

(a) any use made by You of the Measurement Services, the Whitebox and the Software or any part of them; and

(b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions.

6.2 All implied warranties, conditions and other terms implied by statute or other law, including but not limited to merchantability, fitness for a particular use or purpose, and noninfringement of third-party Intellectual Property Rights are, to the fullest extent permitted by law, waived and excluded from these terms and conditions.

6.3 IN NO EVENT WILL SAMKNOWS BE LIABLE TO YOU OR TO ANYONE ELSE UNDER THIS AGREEMENT FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF SAMKNOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAMKNOWS' TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE PERFORMANCE, OR CONTEMPLATED PERFORMANCE, OF THESE TERMS AND CONDITIONS SHALL BE LIMITED TO $100.

6.4 In the event of any defect in the Whitebox, Your sole remedy shall be to re-register with SamKnows to receive a replacement device, such replacement device to be provided at the sole discretion of SamKnows.

6.5 You acknowledge and agree that these limitations of liability are reasonable in all the circumstances, particularly given that no fee is being charged by SamKnows for the Services or Your participation in the Program.

6.6 It is Your responsibility to timely pay all service and other charges owed to Your ISP and to comply with all other ISP applicable terms. You shall ensure that their broadband traffic, including the data pushed by SamKnows during the Program, does not exceed the data allowance included in Your broadband package. If usage allowances are accidentally exceeded and You are billed additional charges from the ISP as a result, SamKnows is not under any obligation to cover these charges although it may choose to do so at its discretion.

6.7 While SamKnows will make reasonable efforts to ensure that the Measurement Services cause no disruption to the performance of Your Connection, including only running tests when there is no concurrent broadband activity generated by users at Your location, You acknowledge that the Measurement Services may occasionally impact the performance of Your Connection and agree to hold SamKnows and Your ISP harmless for any impact the Measurement Services may have on the performance of Your Connection.

7. Term and Termination

7.1 These Terms and Conditions shall continue until terminated in accordance with this clause.

7.2 (a) If at any time, You decide not to continue participating in the Program, You must email SamKnows’ at the contact details provided under clause 8 below immediately. Such email shall be deemed received on the day of transmission if transmitted before 5.00pm GMT on a working day, but otherwise on the next following working day.

7.2 (b) SamKnows may terminate the agreement under these Terms and Conditions immediately by written notice at any time. Notice of termination may be given by email. Notices sent by email shall be deemed to be served on the day of transmission if transmitted before 5.00pm GMT on a working day, but otherwise on the next following working day.

7.3 On termination of the Agreement (for any reason):

(a) SamKnows shall have no further obligation to provide the Services;

(b) SamKnows may disable the Software and/or the Whitebox; and

(c) You shall safely return the Whitebox to SamKnows, if requested by SamKnows, (in which case SamKnows shall pay Your reasonable postage costs).

7.4 Notwithstanding termination of the Measurement Services and/or these Terms and Conditions, clauses 1, 3.3 and 4 to 12 (inclusive) shall continue to apply.

8. Severance

8.1 If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these terms and conditions, and the validity and enforceability of the other provisions in these terms and conditions shall not be affected.

9. Entire Agreement

9.1 These Terms and Conditions constitute the whole agreement between the parties and replace and supersede any previous agreements or undertakings between the parties.

10. Assignment

10.1 You shall not, without the prior written consent of SamKnows, assign, transfer, charge, mortgage, subcontract all or any of Your rights or obligations under these Terms and Conditions.

11. Rights of Third Parties

11.1 Except for the rights and protections conferred under these Terms and Conditions, a person who is not a party to these Terms and Conditions shall not have any rights under or in connection with these Terms and Conditions.

12. Jurisdiction

12.1 These terms and conditions shall be governed by the laws of England.

13. Contact Us

13.1. To contact us, please email community@samknows.com, or write us at: 135 Park Street, London, SE1 9EA