Terms of Service

This is an unofficial English translation provided for convenience. In case of any discrepancy, the Turkish version is legally authoritative.

These terms govern the use of all services offered by NETMETRİK: the HIZTESTI.COM speed test, the optional user account, HIZTESTI Servers (server network partnership) and HIZTESTI Custom (branded embedded speed test). By using the services or creating an account you accept these terms.

1. Description of the Service

NETMETRİK is an independent internet measurement platform using the NQF (NETMETRİK Quality Framework) methodology. You can measure your connection's download, upload, latency, jitter and stability free of charge; under HIZTESTI Servers your organisation can add measurement servers to our network, and under HIZTESTI Custom you can embed a branded speed test on your own site.

2. Account, Capacity and Security

• The speed test requires no account. An account is entirely optional and serves to sync your test history across devices.
• The Partner Portal is intended for business use: the person opening the account must be at least 18 years old and authorized to enter into a contract on behalf of the organization they represent.
• Your password is personal and confidential; you are responsible for keeping it secure and for all actions taken through your account. Report suspicious access immediately.
• Organizations are responsible for the accuracy of account details and the permission levels of the team members they invite. The customer administrator role is authorized to perform all subscription-related actions.

3. The Nature of the Speed Test and Its Results

When you start a test, data is temporarily downloaded and uploaded between your device and our measurement servers. This traffic exists solely to determine your connection's capacity; the contents of your connection are never inspected. If your connection is metered, the test consumes quota — the amount depends on your connection speed.

Results reflect the conditions at the moment of measurement and are affected by your device, Wi-Fi, in-home wiring and the load on the server. They are therefore an indication, not a guarantee of the speed your provider promises you. How results feed our anonymised statistics is described in the Privacy Policy.

4. Server Partnership (HIZTESTI Servers)

• The declared hardware, location and bandwidth of an added server must be accurate; the system automatically checks declaration against reality.
• Any attempt to manipulate measurement results ("gaming") is grounds for immediate termination and removal from the network.
• Servers falling below performance or availability criteria may be placed in quarantine or permanently removed from rotation.
• Server partnership is free of charge; NETMETRİK undertakes no payment beyond sponsor visibility.

5. Embedded Test (HIZTESTI Custom), Quota, Billing and Refunds

• Widget usage is subject to plan-based test quotas (monthly and/or annual). When the quota is exhausted, new tests are rejected until the period renews or the quota is increased.
• Your plan request goes to our operator for approval; once approved, the bank account details are emailed to you and shown on the billing page of your panel. No payment is required before that approval.
• Paid plans are settled by bank transfer/EFT to the account provided to you; the subscription is activated after our operator verifies the payment. VAT is added to all amounts.
• When you move up a tier, the difference between the new tier and your current tier is charged prorated to the days remaining in your subscription.
• The widget may only run on allowed domains (allowlist); reselling quota to third parties is not permitted.

5.1. Refunds

• A refund must be requested within 30 days of the plan being activated, by opening a support thread from your panel.
• If no widget belonging to your organization served any test within that window, the full amount paid is refunded.
• If tests were served, the amount prorated to the unused part of the subscription is refunded (days remaining / total days in the term).
• No refund is issued after 30 days. You may always choose not to renew at the end of the term; service continues uninterrupted for the remaining period.
• An approved refund is transferred to the bank account the payment was made from within 14 days, and a refund invoice is issued for any invoice already raised.
• Additional purchases such as own-server slots are subject to the same rules.

6. Permitted Use and Prohibitions

• Automation tools, bots or scrapers that place an unreasonable load on the systems are prohibited.
• Reverse engineering and unauthorized attempts to access source code are prohibited.
• The NETMETRİK name, logos and interface may not be used outside the scope of these services without written permission.
• You may not use the services to distribute content that is unlawful, misleading, defamatory or discriminatory, or that infringes the rights of third parties.
• Impersonating another person, concealing the origin of traffic, or presenting measurement results in a misleading way is prohibited.
• Any attempt to damage the services, place an excessive load on them or circumvent security measures is prohibited.
• You may not attempt to reach accounts, servers or data you are not authorized to access.

7. ISPs and Commercial Use

Internet service providers, operators and companies may not use test results in marketing material or in comparative advertising in a way that suggests NETMETRİK endorses them, without our written permission. Individual results may not be presented as a general performance claim about a provider. Corporate reporting and comparison needs are served through HIZTESTI Custom and HIZTESTI Servers.

8. Intellectual Property and Customer Content

All intellectual property rights in the services — including the software, the interface, the NQF methodology, trademarks and logos — belong to NETMETRİK or its licensors. These terms grant you only the right to use the services for the term of the agreement; they transfer no ownership.

Logos, trademarks, text and images you upload while customizing your widget ("customer content") remain yours. By publishing that content you grant NETMETRİK a limited, worldwide, royalty-free licence to use it solely to deliver the service (hosting, scaling, displaying it to your visitors). The licence is not used for any other purpose and ends when your subscription ends. You represent that you own the customer content or are authorized to use it.

9. Infringement Notices and Content Removal

If you believe content reachable through the services infringes your rights, send a notice to [email protected] stating your identity, your rights, the address of the content in question and your request. We assess it under Law No. 5651 and related legislation, remove the content without delay where the request is well founded, and inform the content owner. Whoever files an unfounded notice is liable for the resulting damage.

10. Data Ownership

You access the test results collected through your HIZTESTI Custom deployments to the extent your plan provides. Rights over network-wide anonymized measurement data belong to NETMETRİK; see the Privacy Policy for details.

11. Third-Party Services and Links

The services rely on third-party infrastructure such as CDN, email delivery and bot protection, and may link to third-party sites from time to time. NETMETRİK is not responsible for the content, availability or privacy practices of those services and sites.

12. Disclaimer of Warranty and Limitation of Liability

The services are provided "as is"; uninterrupted operation and absolute accuracy of measurements are not guaranteed. NETMETRİK cannot be held liable for indirect, incidental or punitive damages arising from use of the service; total liability is limited to the fee paid for the relevant period.

13. Indemnification

You agree to cover the damages, costs and reasonable legal fees arising from claims brought against NETMETRİK by third parties because of your breach of these terms or applicable law, the customer content you upload, or the way you use the services. When NETMETRİK becomes aware of such a claim it informs you and gives you the opportunity to take part in the defence.

14. Force Majeure

Neither party is liable for obligations it cannot perform because of events beyond its reasonable control — natural disaster, epidemic, war, cyber attack, general failures of the power or internet infrastructure, data-centre outages, or decisions of public authorities. Obligations resume once the obstacle is removed; if it lasts more than 30 days, either party may terminate the agreement without compensation.

15. Termination, Account Deletion and Changes

You may delete your account and remove your test history at any time; an organization may end its subscription at any time. NETMETRİK may suspend or close an account in case of breach of these terms, misuse of the systems or a legal obligation.

NETMETRİK reserves the right to change the scope and pricing of any service without prior notice, and to suspend services temporarily or permanently. Subscriptions already paid for the current period continue on the terms they were purchased under until the end of that period. Changes to these terms take effect when published; continued use means acceptance.

16. Notices

Notices to you are sent to the email address registered on your account and are deemed given when sent; keeping that address current is your responsibility. Notices to us are sent to [email protected] or to the postal address in the Privacy Policy.

17. Assignment, Severability and Entire Agreement

• You may not assign your rights or obligations under this agreement without NETMETRİK's written consent. NETMETRİK may assign the agreement to its successor in a merger or transfer of business.
• If any provision is held invalid, the remaining provisions stay in force; the invalid provision is deemed replaced by the valid provision closest to its purpose.
• Failure to exercise a right does not constitute a waiver of it.
• These terms, the Privacy Policy and any bespoke agreement signed with your organization form the entire agreement between the parties. In case of conflict, the bespoke agreement prevails.

18. Governing Law and Jurisdiction

These terms are governed by Turkish law. The courts and enforcement offices of Istanbul have jurisdiction over disputes between the parties. Where you are not a merchant, the mandatory provisions of consumer legislation are reserved and this jurisdiction clause does not bind you.

19. Contact

You may write to [email protected] with any questions.