Thanks for your interest in helping to measure Hyperoptic’s hyperfast speeds. Full terms and conditions are below, which you should read in full, but the key points are:

· We’ll provide you with a box and use it to gather data and share back to you how our network is performing for you.

· There’s no charge for this service. All we ask is that you use and take care of the box we send you. We also need you to agree to return it to us (we’ll cover postage) if we ask for it back.

· As Hyperoptic owns the box we reserve the right to apply a charge to your account if you don’t return it if we ask for it back.

· We’ll use the data gathered during the speed measurement tests in line with our Privacy Policy and ask that you respect that the data we send you is also private and not to be shared without our consent.

If you have any questions, feel free to get in touch with us

End User License Agreement

HYPEROPTIC LTD (“HYPEROPTIC”, “WE” AND “US”) ARE RUNNING A PROGRAM TO TEST AND MEASURE BROADBAND INTERNET PERFORMANCE WITH THE ASSISTANCE OF SAMKNOWS LIMITED (“SAMKNOWS”). YOU HAVE EXPRESSED A DESIRE TO PARTICIPATE IN THIS PROGRAM AND TO ALLOW US TO TEST AND MEASURE YOUR BROADBAND INTERNET CONNECTION USING THE SAMKNOWS SYSTEMS.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY APPLYING TO BECOME A PARTICIPANT IN THE SAMKNOWS COMMUNITY, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS (THE “AGREEMENT”).

1. Definitions

1.1 The following definitions apply to these terms and conditions.

Connection Equipment: Your broadband router or cable modem, used to provide your Connection.

Connection: Your own broadband internet connection, provided by us.

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.

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 GPL).

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 Hyperoptic.

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 us 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) procure that SamKnows provide you with the Measurement Services under these terms and conditions;

(c) only access, collect, process, store and distribute data using the SamKnows systems for the purposes and reasons specified in this Agreement and not in ways incompatible with those purposes; and

(d) work to ensure that the data we collect is accurate and up-to-date.

2.2 In addition, we shall:

(a) provide you with access to a Program-specific customer support email address (“Support Address”), which you may use for questions and to give feedback and comments.

(b) use reasonable endeavours to ensure you are provided with a unique login and password in order to access to an online reporting system for access to your broadband performance statistics.

(c) use reasonable endeavours to ensure you are provided 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 we will make all reasonable efforts to ensure that the Services cause no disruption to the performance of your broadband Connection, you acknowledge that the Measurement Services may occasionally impact the performance of the Connection and agree to hold us and SamKnows harmless from any impact the Services may have on the performance of your Connection.

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 to 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 minimise the length of time the Whitebox is disconnected.

(d) tell us within 7 days if you downgrade/upgrade to a different broadband package, by using the email address provided;

(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 Support Email Address provided.

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

4. Confidentiality

4.1 You agree to keep all information you receive from us (or someone acting for us) and the results of the Measurement Program (including where received in an email as described at 2.2 (c) above) confidential and private and not to share them with anybody else including via social media. You can only use our information to carry out your obligations under this Agreement

5. Your data

5.1 We will continue to process any personal data in accordance with our Privacy Policy.

5.2 In the course of performing the Measurement Services, SamKnows will also process certain information about you that could be used to identify you personally ("Personal Data,"). This will include:

(a) Your name

(b) Your address

(d) Your telephone number

5.3 Except for SamKnows as described below, or as required by applicable law or regulation, we will not provide any of your Personal Data received pursuant to this Agreement to any third party without first obtaining your prior consent. We will use reasonable efforts to comply with all applicable privacy laws, regulations and directives.

5.4 Notwithstanding Section 5.2, you understand that we will need to share some of your Personal Data with SamKnows for the purpose of running the Program and carrying out speed tests and fulfilling our obligations under this Agreement. We will only keep the data for as long as required to run the Program and processing in accordance with this Agreement shall not constitute a violation of any right or privilege that you may have under any law, wherever it might apply.

5.5 In addition to the above, we will also collect information of a non-personal nature about your broadband internet performance. You acknowledge and agree, subject to the privacy polices discussed above, that we may share any data with any third parties as part of the Program. We may also share aggregate statistical data produced as a result of the Measurement Services (including the Test Results) with third parties.

5.6 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 and SamKnows access and use only the data generated through the Whitebox. AS PART OF THE MEASUREMENT PROGRAM 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.

6. Intellectual Property Rights

6.1 Insofar as may reasonably be deemed to be necessary, we grant you and will procure that SamKnows grants you such limited license as may strictly be deemed necessary for you to perform your obligations under this Agreement and participate in the Program.

6.2 Nothing in this Agreement is intended to nor will transfer or create any Intellectual Property Rights.

6.3 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 we and SamKnows may make such use of the Test Results as part of the Program, consistent with the provisions of Section 4, above.

7. Property

The Whitebox and Software will remain the property of Hyperoptic and/or SamKnows as applicable. We may at any time ask you to return the Whitebox at our own cost, which you must use your best endeavours to do within 28 days of such a request being sent. We may also request, at any time, that Samknows disable the Software.

8. Limitations of Liability

8.1 This condition 7 sets out the entire financial liability of Hyperoptic (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.

8.2 All implied warranties, conditions and other terms implied by statute or other law, including but not limited to satisfactory quality, 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.

8.3 IN NO EVENT WILL WEBE LIABLE TO YOU OR TO ANYONE ELSE UNDER THIS AGREEMENT FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR 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.

8.4 In the event of any defect in the Whitebox, your sole remedy shall be to receive a replacement device, such replacement device to be provided at our sole discretion.

8.6 It is your responsibility to continue to comply with the Residential Customer Terms of Service governing the provision of broadband services to you at all times

9. Term and Termination

9.1 This Agreement shall continue until terminated in accordance with this clause.

9.2 Each party may terminate this Agreement immediately by written notice to the other 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 5.00 pm GMT on a working day, but otherwise on the next following working day.

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

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

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

(c) You shall safely return the Whitebox to us, if requested by us, (in which we shall pay your reasonable postage costs). If you fail to return the Whitebox when requested we may add the cost of the Whitebox as an additional charge to your account.

9.4 Notwithstanding termination of the Services and/or these terms and conditions, clauses 1, 3.3 and 4 to 13 (inclusive) shall continue to apply.

10. Severance

10.1 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 these terms and conditions shall not be affected.

11. Entire agreement

11.1 These terms and conditions constitute the whole agreement between the parties in relation to the Measurement Services and replace and supersede any previous agreements or undertakings between the parties in relation to the Measurement Services. For the avoidance of doubt this shall have not impact on the Residential Customer Terms of Service of services between you and us in relation to your broadband services.

12. Assignment

12.1 You shall not, without our prior written consent, assign, transfer, charge, mortgage, subcontract all or any of your rights or obligations under these terms and conditions.

13. Rights of third parties

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.

14. Governing Law and Jurisdiction

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

14.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms, their subject matter or formation (including non-contractual disputes or claims).