These Terms of Use apply to the Nerp Speed mobile application (the “app”) and the website nerpspeed.com (the “website”). They set out what you can expect from us and what we expect from you; together with the Apple licence agreement where it applies (section 1), they make up the agreement between you and us. By using the app or the website you agree to these terms. If you do not agree, please do not use the app or the website.
These terms contain no arbitration clause and no class action waiver. If you are a consumer, they do not take away the protection that mandatory law gives you (sections 17 and 18).
1. General
Who provides the app
The app and the website are provided by LEIKUR, UAB, Gedimino pr. 20, LT-01103 Vilnius, Lithuania (“we”, “us”). Contact: contact@leikuruab.com.
What the app does
Nerp Speed measures the speed and quality of your internet connection and helps diagnose network problems: it runs speed tests, checks hosts and DNS, and shows whether popular services are reachable from your network. The app is free, has no account and contains no advertising or in-app purchases.
The App Store licence
If you downloaded the app from Apple's App Store, it is licensed to you under Apple's Licensed Application End User License Agreement. These terms add rules specific to Nerp Speed; where they differ, the Apple agreement prevails for matters it covers.
Changes to these terms
We may change these terms; the date at the top shows the current version. We will point out significant changes on the website or in the app. If you keep using the app or the website after a change, the updated terms apply.
Age and accounts
The app and the website are not directed at children under 14. You do not need an account: there is no registration, user name or password, and the app does not ask for your name, email address or age.
2. Using the app, the website and their content
The app, the website, the Nerp Speed name and design belong to us or our licensors. These terms do not give you rights to them beyond normal use of the app and the website. The app and the website also contain open-source components, such as the Inter font, which are used under their own licences; these terms do not limit the rights those licences give you.
Unless the law expressly allows it, you may not reverse engineer, modify or redistribute the app, copy the content of the app or the website in bulk — including with automated tools or to train machine-learning models — or get around their security features.
You may share and use the results of your own measurements as you wish. Data that M-Lab collects during a speed test is published by M-Lab as open data under its own policies (section 5).
You do not post content through Nerp Speed, so these terms do not ask you to grant us a licence to anything you create. Ideas and feedback you send us are covered in section 12.
Third-party names that appear in the app, such as the names of services in the availability check, belong to their owners and are used only to identify those services.
For questions about using the Nerp Speed name or our materials, write to contact@leikuruab.com.
3. Rules of conduct
Use the app only for legitimate diagnostics of networks and services. In particular, do not:
- use the host check or service check to attack, scan, stress-test or probe systems you are not authorised to test;
- try to disrupt or overload the M-Lab platform or any other service the app uses, for example by running tests or checks in bulk or by automated means;
- interfere with the app or the website or try to break their security;
- copy or mirror the website, or present the app or the website as your own;
- use the app in breach of applicable law.
These are examples, not a complete list. The speed test runs on the M-Lab platform, which has its own Acceptable Use Policy: among other things, M-Lab limits the number of tests per day and may restrict access to its platform.
Nothing in these terms prevents us from complying with the law or with lawful requests from public authorities.
4. Managing content
Nerp Speed has no user content, so there is nothing for us to pre-screen, moderate or remove. We decide what the app and the website contain: we may change, add or remove texts and features, including the list of services on the Services tab and the list of DNS resolvers.
There are no accounts for us to suspend or delete. Your measurement history stays on your device, so we have nothing to hand over about it; the little data we hold is disclosed only as described in the Privacy Policy.
The app shows no advertising, and we send no promotional messages: the only messages you get from us are replies to yours.
5. Third-party services, links and endorsements
To perform measurements, the app connects to third-party services, including the M-Lab measurement platform, IP information and registry services and DNS resolvers. They are described in our Privacy Policy. These services are operated by others under their own terms; we do not control their availability, and some functions may not work when a service is unavailable.
Speed test data is published by M-Lab as open data under M-Lab's own policies.
We do not sell anything through the app or the website, and they contain no advertising. A service shown on the Services tab, or a link to another website, is not an endorsement and does not mean that we are affiliated with it. Websites and services run by others have their own terms and privacy policies, and we are not responsible for their content.
6. Indemnification
You are responsible for how you use the app — in particular, for checking only hosts and services you are entitled to check. If you use Nerp Speed in breach of these terms or the law and a third party makes a claim against us because of it, you must compensate us for the resulting loss to the extent the applicable law provides. If you are a consumer, this applies only within the limits of mandatory consumer law.
7. Termination and discontinuation
You can stop using Nerp Speed at any time by deleting the app; this also removes your history and settings. There is no account to close.
We may update the app and the website, add or remove features, or stop providing them, temporarily or for good. Some functions depend on third-party services and may stop working if those services change or become unavailable.
Provisions that by their nature should continue to apply after you stop using Nerp Speed — such as sections 2, 6, 9 and 16 — remain in force.
8. Copyright and trademark complaints
Nerp Speed does not host content uploaded by users. If you believe that something in the app or on the website infringes your copyright, trademark or other rights, write to contact@leikuruab.com and include:
- your name and contact details;
- the work or right you believe is infringed;
- where the material appears — the app screen or the web page address;
- why you believe its use is not authorised;
- confirmation that the details you give are correct and that the rights are yours or you may act for their owner.
We will review the notice and, if it is justified, change or remove the material. Anyone who knowingly sends a false notice may be liable for the damage it causes.
9. Disclaimer of warranties; limitation of liability
Measurements are estimates
Measurements are estimates. Results depend on your network, device, Wi-Fi conditions, the test server and the load on the internet at that moment. They are not a guarantee of the service your provider must deliver and are not certified measurements.
Information from third-party services
Provider names, locations, IP ranges, DNS answers and reachability results come from third-party services and from your network. We do not control them and cannot guarantee that they are accurate or complete. The Services tab shows whether a service is reachable from your network at the moment of the check — it is not the official status of that service, and we cannot fix problems with services we do not run.
No warranties
The app and the website are provided “as is” and “as available”. To the extent permitted by law, we do not promise that they will always be available, error-free or suitable for a particular purpose, or that measurement results will be accurate in every situation.
Limitation of liability
To the extent permitted by law, we are not liable for indirect or consequential losses, lost profits or lost data arising from the use of the app or the website, and our total liability is limited to the amount you paid for the app (the app is free). Nothing in these terms limits liability that cannot be limited by law, including for intent or gross negligence, or affects your mandatory rights as a consumer under the laws of the European Union or of your country of residence.
10. Disputes between users
Nerp Speed has no community, messaging or other interaction between users, so there are no disputes between users for us to settle.
11. International use
You may use Nerp Speed wherever it is available to you. Laws on network testing and on access to online services differ from country to country, and you are responsible for following the laws that apply to you — for example, rules on testing networks and hosts that are not yours. Some services listed in the app may be blocked or restricted in your country or network; the app only shows whether they are reachable from your network.
12. Ideas and feedback
We welcome feedback and ideas at contact@leikuruab.com. If you send us suggestions, we may use them to improve Nerp Speed without any obligation to pay you or to keep them confidential. If something is confidential or you would not want us to use it, please leave it out of your message.
13. Dispute resolution
If something goes wrong, please write to us first at contact@leikuruab.com and describe the problem — we will try to resolve it with you out of court. These terms contain no arbitration agreement: if we cannot reach an agreement, the dispute can be taken to court as described in section 16. If you are a consumer, you can also turn to a consumer protection authority or an out-of-court dispute resolution body available to you.
14. Class actions and jury trials
These terms contain no waiver of class actions or of jury trials. You keep every right the applicable law gives you to bring a claim on your own, together with others or through a representative organisation.
15. Limitation period for claims
These terms do not shorten the time for bringing a claim: the limitation periods set by the applicable law apply.
16. Miscellaneous
Governing law and courts. These terms are governed by the laws of the Republic of Lithuania. If you are a consumer, you also keep the protection of the mandatory laws of your country of residence and may bring a claim in the courts there. Other disputes are heard by the competent courts of the Republic of Lithuania.
Notices. We may tell you about changes to these terms or other important matters by publishing a notice on the website or in the app.
Entire agreement. These terms, together with the Apple licence agreement where it applies, are the whole agreement between you and us about Nerp Speed.
Severability. If any provision of these terms is found invalid, the remaining provisions stay in force.
No waiver. If we do not insist on a provision straight away, we do not give up the right to rely on it later.
Languages. These terms are available in English and Russian (Русская версия).
17. Consumers in the EU and the EEA
If you are a consumer living in the European Union or the European Economic Area, the mandatory consumer protection rules of your country of residence apply to you in addition to these terms. Those rules prevail over anything in these terms, including sections 6 and 9.
18. Consumers in other countries
If you live outside the EU and the EEA, your country's consumer law may grant you rights that a contract cannot override — statutory guarantees, for example. Those rights take precedence over these terms, including sections 6 and 9.
19. Privacy Policy
How information is handled when you use the app and the website is described in our Privacy Policy. Please read it, especially the part about the speed test: M-Lab, the platform the test runs on, publishes test data, including IP addresses, as open data.
20. Questions and contact
If you have questions about these terms or want to report misuse of Nerp Speed, write to us: LEIKUR, UAB, Gedimino pr. 20, LT-01103 Vilnius, Lithuania — contact@leikuruab.com