Terms and conditions

1. Purpose

These terms govern access to the Ranks service and its use, as well as the sale of the subscriptions that give access to it. They are entered into between Createur Digital - Fred Contat (“the publisher”) and any natural or legal person holding an account (“the customer”).

Creating an account constitutes acceptance of these terms in the version in force on that date.

2. The service

Ranks records each day the position of a site in search results, for keywords and markets chosen by the customer, and makes available the history, the changes, the competitors identified, alerts and shareable reports.

The exact scope of each plan is described on the pricing page. Features marked “soon” have not been delivered yet: they are not part of what is sold and their absence cannot ground any claim.

3. Account

Registration is open and requires a valid email address, confirmed before the first sign-in. The customer warrants the accuracy of the information provided and is responsible for the confidentiality of their credentials as well as for any action taken from their account.

An account is personal. Sharing the same credentials between several people is not permitted: the plans that provide for several users allow each of them to be invited with their own access.

4. Billing unit

The unit billed is the tracked item: one keyword on one given market, that is to say a country / language pair associated with a device. The same keyword tracked on two markets counts as two tracked items, because it gives rise to two distinct measurements and two different results.

Each plan includes a number of tracked items, a number of sites and a number of users. When the limit is reached, the tracked items already in place continue to be recorded normally: only the addition of a further tracked item is refused. No overage is billed and no option is activated automatically.

5. Prices and payment

Prices are stated in euros and exclusive of tax; applicable taxes are added according to the customer’s country and status. The subscription is payable in advance, monthly or annually according to the formula chosen.

The price of a subscription in progress is guaranteed for its whole period. A price revision is announced at least thirty days before the following renewal date; a customer who refuses it may terminate free of charge before that date.

6. Trial, term, renewal and termination

Access begins with a 14-day trial giving access to the whole product. It requires a payment method to be registered, which is not charged during the trial: the subscription starts automatically at the end of the 14 days, unless terminated before that date. The due date is shown in the account.

The subscription is taken out for one month or for one year, and renews tacitly for an identical term. It may be terminated at any time by simple written request addressed to contact@createurdigital.ch, the termination taking effect at the end of the current period. Sums already paid for the period under way are not refunded, except in the case of prolonged unavailability attributable to the publisher.

Changing plan, upwards as well as downwards, is possible at any time. It takes effect immediately, with no loss of history, and gives rise to a pro rata adjustment.

7. Right of withdrawal

A consumer customer residing in the European Union has a period of fourteen days in which to withdraw. By requesting immediate access to the service, they accept that its performance begins before that period expires and acknowledge that the right of withdrawal is extinguished once the service has been fully performed; if performance is only partial, the refund is proportionate to what remains.

This right does not apply to professionals subscribing for the purposes of their business.

8. Customer undertakings

• To use the service only for sites they operate or that they are mandated to track.
• Not to resell, redistribute or expose the raw data of the service as a competing product. Use in a report delivered to their own clients is, on the other hand, expressly provided for.
• Not to attempt to circumvent the limits of their plan, in particular by creating several accounts intended for the same scope.
• Not to disrupt the operation of the service, nor seek to access data that does not belong to their workspace.

9. Availability and changes

The publisher applies reasonable means to keep the service continuously accessible, without being bound by an obligation of result. Scheduled maintenance operations are announced in advance where they interrupt the service.

Recording positions depends on a third-party data provider and on the search engines themselves. Unavailability, a change or a restriction on their part may delay or prevent a recording without the publisher’s liability being engaged.

The service evolves. A feature may be added, modified or withdrawn; the withdrawal of a substantial feature is announced at least thirty days in advance and gives rise to a right of termination free of charge.

10. Your data

The sites, keywords and markets entered by the customer, as well as the position history recorded on their behalf, belong to them. The publisher makes no commercial use of them and discloses them to no third party, apart from the providers necessary to the service listed in the privacy policy.

The customer may request an export of their data at any time. After termination, it is kept for thirty days — enough to come back without losing anything — then erased; a request for immediate erasure is honoured without delay.

11. Liability

Ranks is a measuring instrument. It guarantees no position, no traffic and no commercial result. Decisions taken on the basis of the recorded data are the customer’s alone.

Save in the case of gross negligence or personal injury, the publisher’s liability is limited to the amount actually paid by the customer in respect of the twelve months preceding the triggering event. Indirect damages — loss of turnover, of clientele, or of data through the customer’s own doing — are excluded from it.

12. Suspension and termination for breach

In the event of a breach of these terms, in particular non-payment or use that harms the service, the publisher may suspend access after a formal notice that has remained without effect for fifteen days, then terminate. A serious attack on the security or on the data of others authorises immediate suspension, notified without delay.

13. Amendment of the terms

These terms may be amended. Customers holding a subscription in progress are informed by email at least thirty days before a substantial amendment takes effect, and may terminate free of charge if they refuse it.

14. Governing law and disputes

These terms are governed by Swiss law. In the event of a disagreement, the parties shall first seek an amicable solution; failing that, disputes are brought before the courts of the Canton of Vaud, Switzerland.

These provisions do not deprive the consumer of the mandatory protections granted to them by the law of their country of residence, nor of the option of resorting to consumer mediation.

For any question about these terms: contact@createurdigital.ch.