Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between the customer of the Service or representative of an entity that is a customer of the Service (“you”) and eRank Ltd, an Ohio limited liability company (“eRank”, “we” or “us”). By registering for the Services or by accessing or using the Services or Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and the eRank Privacy Policy at https://help.erank.com/legal/privacy-policy/. You represent that you have full power, capacity and authority to accept these Terms on behalf of yourself or your employer.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.

1. Services. The “Services” consist of tools to assist online merchants provided via https://erank.com, https://etsyrank.com or any additional sites in the future that may be subject to these Terms (the “Websites”). If you download and use any of eRank’s extensions or mobile applications, then the Services shall also refer to such extensions or applications.
   
2. Visitors and Users. You can visit the Website in a visitor (non-registered) capacity, but to use the Services, you must register as either a paid or unpaid user. As an unpaid user, you will have access only to certain limited functionality that we make available on a free basis (“Free Services”). As a paid user you will have access to certain additional features (“Paid Services”). You may also access Paid Services on a free trial basis for a limited time when offered (“Free Trial”).
   
3. Right to Use Services. Subject to these Terms, eRank allows you to access and use the Services and the Website only for your internal business purposes according to your selected subscription plan. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are at least 18 years of age and have the capacity and authority to enter into these Terms. If you are under 18, you may not register or attempt to register for the Services.
   
4. Account Ownership. The person who created the account and whose Payment Method is charged (the “Account Owner”) has control over the account and is responsible for all activities on it. The Account Owner should keep their password and payment details secure and not share them. Accounts are for single use only unless stated otherwise in the subscription plan details. Notify us immediately if your account is used without permission. We are not responsible for any loss or damage if you fail to keep your account secure.
   
5. Restrictions.You agree not to, or to permit any user of your account or any third party to:
   • License, sublicense, sell, rent, lease, or otherwise permit third parties to use the Services;
   • Circumvent or disable any security or other technological features or measures of the Services;
   • Reverse engineer any element of the Services, or use the Services to compete with the Services;
   • Modify, adapt, or present the Services to falsely imply any sponsorship or association with eRank;
   • Use the Services in any manner that is excessive or interferes with or disrupts or degrades the integrity or performance of the Services or the components of the Services (including, but not limited to, automating a large volume of requests to any particular Service feature, or creating or deleting accounts, assets, posts, etc. at a high volume in order to circumvent limits);
   • Use automated systems, bots or software to extract data from the Sites (“screen scraping”);
   • Use the Services to post, upload, link to, send, distribute, or store any content that is material protected by copyright, trademark, or any other proprietary right without first having obtained all rights, permissions, and consents necessary to make such content available on or through the Services and to grant eRank the limited right to use such content;
   • Attempt to use any method to gain unauthorized access to any paid or restricted features of the Sites or to the Services and its related systems or networks;
   • Impersonate any other user of the Services;
   • Use the Services in violation of applicable laws or regulations or any terms of service of any Third-Party Services.
6. Termination and Suspension. We may terminate or suspend your account at any time if we believe you have violated these Terms. We will try to notify you by email before doing so, unless immediate action is needed or the law prohibits notice. We are not liable for any actions taken under these circumstances. Only if we terminate your account without cause will we refund you a pro-rated portion of any pre-paid fees. Fraudulent or illegal activity may result in immediate termination and could be reported to law enforcement.
   
7. Post Termination. If your account is terminated, you must stop using the Services. We may delete your account settings and content after termination without liability or notice. Once deleted, you cannot recover these settings or content, except for any content that remains on Third-Party Services under their terms. If you do not log in to your account for twelve (12) or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
   
8. Merchant of Record. Our order process is currently conducted by eRank but is transitioning to our online reseller, Paddle.com (“Paddle”). If your Subscription is processed by Paddle, Paddle will be the Merchant of Record for your order and will provide all customer service inquiries as well as refunds.
   
9. Billing. eRank may offer the Paid Services through a variety of billing methods, including but not limited to one-time subscriptions, monthly recurring subscriptions, and annual recurring subscriptions (“Subscription”). We will bill you on the date you subscribe to the Paid Services (“Subscription Date”), and will continue to bill you in accordance with your selected Subscription until you cancel the Paid Services. You must cancel your Subscription at least one day prior to the next billing date to avoid a Subscription renewal. Fees will be billed to your Payment Method on the calendar day corresponding to the Subscription Date. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your Subscription Date began on a day not contained in a given month.
   
10. Payment Methods. To use the Paid Services, you must provide one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, which may include payment through your account with a third party. You can update your Payment Methods by going to the “Settings” page. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
    
11. Cancellation. You can cancel your membership at any time, and you will continue to have access to the Services at that level through the end of your current Subscription period. We do not provide refunds or credits for any partial Subscription periods. To cancel, please navigate our Website to the Settings Page and follow instructions from there, or contact our Customer Support team at support@erank.com. Cancellations of Paid Services will automatically downgrade to a Free Services plan at the end of the Subscription period for Paid Services. If you cancel your Free Services , your account will automatically close upon cancellation.
12. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our Services or any features or components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you. We are not responsible for any changes, price increases, or discontinuations of our Services.
13. No Refunds. Payments are nonrefundable and there are no refunds or credits for Subscriptions that have been prepaid.
14. Upgrades and Downgrades. If you upgrade your plan during your Subscription, your upgrade will take effect immediately and you will be charged the current price for these changes, prorated for the remaining days of your Subscription. Your upgraded plan will renew at the end of the Subscription term. If you downgrade your plan, your downgrade will take effect immediately, and you will not receive refunds or credits for any prepaid fees. Downgrading may result in the loss of content, features, or capacity, and we are not responsible for any such loss.
15. Free Services. Your use of Free Services ends when you cancel your account or upgrade to a Paid Service, or when we terminate your account. We reserve the right to modify features made available as Free Services.
16. Free Trial. At the end of your Free Trial period, your Free Trial will convert to a Subscription for Paid Services, and your Payment Method will be automatically charged unless you have canceled prior to the end of your Free Trial Period. The date on which your Payment Method is charged will be your Subscription Date for purposes of these Terms. Free Trials are only for new eRank customers and are limited to one per person. If we find that you have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations.
    
17. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, ERANK OFFERS THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WEBSITES, EXTENSION AND APP “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ERANK DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN PARTICULAR, ERANK MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OR DATA PROVIDED THROUGH THE SERVICES, REGARDLESS OF THE SOURCE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ERANK DISCLAIMS ALL LIABILITY FOR ANY INACCURACY, ERROR, OR INCOMPLETENESS IN THE SERVICES. ERANK DOES NOT PROVIDE ANY WARRANTIES, INDEMNITIES OR REMEDIES FOR ANY FREE SERVICES OR FREE TRIALS, WHICH ARE OPTIONAL AND ARE USED AT YOUR OWN RISK.
    
18. Limitation of Liability. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL ERANK, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF ERANK TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT WILL BE NO MORE THAN THE TOTAL AMOUNT PAID BY YOU TO ERANK DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
    
19. Results Not Guaranteed. eRank makes no guarantee or representation of any kind concerning the results of your use of the Services. There can be no assurance as to any particular outcome, including increased income, store ranking, sales, and/or any other outcome, based on the use of the Services or any other products, programs or service offered by us.
    
20. Indemnification. You agree to indemnify and hold eRank, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against eRank by any third party due to or arising out of or in connection with your use of the Services or Website.
    
21. Third-Party Services. The Services may contain links to or allow you to use third-party websites or other resources (“Third-Party Services”). eRank makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website. Your use of Third-Party Services is governed by their terms and policies, not ours. We do not endorse or take responsibility for these services, their availability, content, or how they handle your data. We are not liable for any issues arising from your use of Third-Party Services, including data loss or changes. Some features of our services depend on these Third-Party Services, and if they change or become unavailable, we may have to adjust our services accordingly. We are not responsible for any resulting damages or refunds. You waive any claims against us related to Third-Party Services. When using our Services with a Third-Party Service, you acknowledge that: (a) you are the data controller, and we are the data processor for any content collected from Third-Party Services on your behalf; (b) you authorize us to integrate with Third-Party Services, agree to their terms, and process any personal data accessed through these integrations on your behalf; and (c) you are responsible for complying with the terms and privacy laws applicable to the Third-Party Services and the content created or used from them.
22. Security. The privacy and protection of your data is of the utmost importance to us. We take all reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your personal information. Although we use multiple and various security measures to help protect your personal information against loss, misuse or unauthorized disclosure, we cannot 100% guarantee the security of information transmitted to us over the Internet.
    
23. Storage. The personal information that you provide to us is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your personal information is submitted through our Services, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place.
    
24. Retention. We will retain your information for as long as needed to provide you with the Services. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at support@erank.com. We will retain only that information necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
    
25. Privacy Policy. eRank may use and disclose your information according to our Privacy Policy. Our Privacy Policy https://help.erank.com/legal/privacy-policy/ is incorporated into these Terms.|
    
26. Intellectual Property. The Services (in any form, including, but not limited to, the Website, Extension or App), together with the original content, information, data, insights, methodologies, features, functionality (including look), trademarks, service marks, and logos (all “Intellectual Property”) are owned by eRank and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, share, sell, re-sell, license, or re-publish any of our Intellectual Property. The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through eRank.
    
27. Customer Data. “Customer Data” means information, data, and other content, in any form or medium, including your billing and other personal information, that is submitted, posted, or otherwise transmitted by you, or a third party on your behalf, through the Services. As between you and eRank, you own all rights, title, and interest, including all intellectual property rights, in and to the Customer Data. You hereby grant eRank a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for eRank to provide the Services. eRank will only use your billing and other personal information for the purpose of providing you the Services.
    
28. De-identified and Aggregated Data. You agree that eRank and its affiliates may de-identify and aggregate Customer Data and use such de-identified or aggregated data to: (a) compile usage and performance information; (b) operate, improve, and support the Services; (c) develop and publish benchmarks and reports; or (d) any other lawful purpose. eRank and its affiliates will only share this data externally if it is de-identified so it does not identify you or your users. eRank and its affiliates will own all intellectual property rights to this de-identified or aggregated data and any data derived from it.
    
29. Feedback. You may voluntarily choose to or we may invite you to submit comments or ideas about the Service, including but not limited to ideas about improving eRank or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is voluntary and without restriction and will not place eRank under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
    
30. Compliance with Law. You represent and warrant that your use and interaction with eRank and its Services is in compliance with all national, federal, state, and local laws, ordinances and regulations. If you are located in a country outside the United States it is your responsibility to determine that you are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
    
31. Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of god, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.
    
32. Artificial Intelligence. You acknowledge that the eRank Services makes use of Artificial Intelligence on your behalf. As such, you understand and agree that the AI outputs you see may be inaccurate, incomplete, or low quality at times. eRank does not assume responsibility for any of the outputs generated by AI. You acknowledge and agree that the AI modules are simply integrated into the Services as a convenience to you, the customer.
33. Outbound links: This website may contain links to third-party websites and resources (“linked websites”). These linked websites are provided solely as a convenience to you and not as an endorsement by eRank. eRank makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website. eRank may receive payments and/or commissions from operators of linked websites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the eRank website.
34. Inbound links: eRank generally encourages and agrees to your linking to this website’s home page (https://erank.com) or other public pages through a plain text link on your website without the need for agreement between yourself and eRank.
    
35. Survivability. Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
36. Headings. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
37. Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
38. Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Ohio without regard to its conflict of laws rules, or international law or convention.
39. Dispute Resolution.Any dispute or controversy you or we have arising under or in connection with this agreement shall be settled exclusively by binding arbitration solely by written submission in the State of Ohio, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
    
    ‍The above notwithstanding, if you violate these Terms then we may seek injunctive or other equitable relief.
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40. Non-disparagement. You shall not disparage eRank in any way, shape, or form that is intended to dissuade the future public from using our products or services.
41. Assignment. You may not assign any of your rights under this agreement to anyone else. We may assign our rights at our sole and absolute discretion.
42. Notice.All notices to you will be effective when we send it to the last email or physical address you gave us. Any notice to us will be effective when delivered to us via our email address, support@erank.com; or mailed to following address:
    
    eRank Ltd.
    PO Box 1501
    Stow, OH 44224
    USA
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43. Electronic Communications. When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us. We will communicate with you in a variety of ways, such as by email, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    
44. Entire Agreement. These terms, together with our Privacy Policy and any additional terms you have agreed to, constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.
    
45. Modifications. eRank may revise and update these Terms or its Privacy Policy at any time in its absolute discretion and without notice to you. Your continued use of this website after we change these terms of use will mean you accept the terms of use as they apply from time to time.