Terms of Service

RankYak ("RankYak", "we", "us" or "our") agrees to furnish services to the Subscriber (the "Subscriber", "you" or "your"), subject to the following Terms of Service. Use of RankYak's service constitutes acceptance and agreement to RankYak's Terms of Service.

The Terms of Service ("Terms") govern your use of the RankYak website located at rankyak.com (the "Site"), RankYak’s content generation services, and any content generated by RankYak’s services for you based on your User Content (defined below) ("Generated Content"). To make these Terms easier to read, the Site, our services, and the Generated Content are collectively called the "Services."

RankYak reserves the right to modify the Terms of Service without notice.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the Netherlands or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify RankYak of any unauthorized use of your account or any other breach of security. RankYak will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using RankYak. You will not engage in any activity that interferes with or disrupts RankYak's services or networks connected to RankYak.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that RankYak will impose fees; and/or pursue civil remedies without providing advance notice.

  • Exploiting Services connected to RankYak: Intentional misuse of services or networks connected to RankYak. Including but not limited to attempting to alter the way RankYak's software works or generating content that is not allowed under the terms and policies of OpenAI (https://openai.com/policies/terms-of-use/).

  • Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of RankYak or RankYak's customers.

  • Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

Your Content

  • Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as "User Content."

  • Permissions to Your User Content. By making any User Content available through the Services you hereby grant to RankYak, its licensors, and their affiliates a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to use, host, store, copy, communicate, modify, create derivative works based upon, distribute, publish, publicly display, and publicly perform your User Content in connection with RankYak, its licensors, and their affiliate providing, operating, securing, and improving their services.

  • Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by RankYak on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  • Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content, (such as posts or comments you make), may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

  • Your Use of Generated Content. Subject to your compliance with these Terms, RankYak hereby grants you a non-exclusive, worldwide, license, with the right to sublicense, to use, copy, modify, sell, create derivative works based upon, distribute, publicly display, and publicly perform Generated Content for your lawful business purposes.

  • Ownership of Intellectual Property and Generated Content. RankYak and its licensors (as applicable) retain all rights, title, and interest in and to the Services, including all underlying technology and intellectual property, and all Generated Content. You acknowledge that you are obtaining only a limited license to use the Generated Content as described in these Terms, and that no ownership rights are being transferred to you. RankYak reserves the right to use, reproduce, modify, adapt, create derivative works from, and otherwise exploit the Generated Content (including for the purpose of training and improving RankYak's AI models) without any obligation to you.

Content Moderation Policy

RankYak is committed to maintaining a safe and respectful online environment. While we do not pre-screen User Content or Generated Content before publication, we have a strict Content Moderation Policy.

  • Prohibited Projects and Content: You are strictly prohibited from using RankYak to create, store, or publish projects or content that:

    • Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
    • Incites violence, promotes discrimination, or advocates hatred against any individual or group.
    • Contains sexually explicit material, pornography, or exploits, abuses, or endangers children.
    • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
    • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
    • Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
    • Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.
    • Violates any applicable local, state, national, or international law.
    • Spreads false or misleading information (misinformation/disinformation).
    • Promotes or facilitates any illegal activity.
    • Contains personally identifiable information (PII) of others without their express consent.

  • Project Review and Removal: RankYak reserves the right, but has no obligation, to review the type of project you create using the Services. If we determine, in our sole discretion, that a project violates this Content Moderation Policy, we may immediately suspend or terminate your account and remove the project, without prior notice.

  • Account Suspension/Termination: Repeated or egregious violations of this policy will result in account suspension or termination.

  • User Reporting: While we do not actively monitor all content, we encourage users to report any suspected violations of this policy to [email protected].

Invoicing And Payment

You agree that RankYak shall be permitted to charge you, through our designated payment processor, on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by RankYak may be turned over to an outside collection agency for collection.

Subscriber is aware that RankYak may prospectively change the specified rates and charges from time to time.

RankYak is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by RankYak or our designated payment processor. Currency exchange settlements will be based on agreements between you and your financial institution or payment provider. No refunds will be issued for unused portions of service periods.

Explicit Content Disclaimer and User Responsibility

RankYak uses automated processes to generate and publish content. While we strive for accuracy and quality, we do not review, edit, or endorse the content generated by our Services before it is published to your website. You are solely responsible for reviewing, editing, and approving all content published to your website via RankYak. We make no warranties regarding the accuracy, completeness, truthfulness, originality, non-infringement, or legality of any Generated Content. You acknowledge that the Generated Content may contain errors, inaccuracies, or opinions that you do not agree with, and that it may violate third-party rights or applicable laws. You use the Generated Content and publish it at your sole risk.

You agree to thoroughly review and edit all Generated Content before it is published to your website. You understand that failure to do so may result in the publication of content that is inaccurate, inappropriate, or violates the rights of others. RankYak is not responsible for any consequences arising from your failure to review and approve Generated Content.

RankYak does not provide any legal advice. The content that is being generated and published should not be used for any legal decisions.

RankYak does not warrant that use of the Generated Content will not infringe the rights of any third party. It is your sole responsibility to investigate and ensure that use of the Generated Content does not infringe any third-party intellectual property or other rights.

RankYak is not affiliated with, endorsed by, or sponsored by any of the third-party content management systems (CMS) or website platforms that may be supported by the Services. We are not responsible for any issues arising from your use of these platforms, including but not limited to platform outages, security breaches, or changes to their terms of service.

The Services use artificial intelligence (AI) to generate content. AI technology is constantly evolving, and while we strive for accuracy, the Generated Content may contain errors, inaccuracies, or unexpected results. RankYak is not responsible for any such errors or inaccuracies.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Limitation Of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF RANKYAK HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT RANKYAK WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST RANKYAK ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF RANKYAK’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Indemnity

You agree to indemnify and hold harmless RankYak, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Services; (b) your User Content; (c) any Generated Content published to your website; (d) your violation of these Terms; (e) your violation of any rights of any other person or entity; or (f) your violation of any applicable laws or regulations.

API Usage

If RankYak provides an Application Programming Interface (API) for accessing the Services, your use of the API is subject to these Terms and any additional API documentation provided by RankYak. Your use of the API must be reasonable and not place an excessive burden on our servers. We reserve the right to limit or restrict your API access at any time, for any reason, including but not limited to excessive usage or violation of these Terms.

Changes to Service and Pricing

RankYak reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We may also change our pricing for the Services at any time. We will endeavor to provide reasonable notice of any significant changes to the Services or pricing.

Termination

  • For Cause: We may terminate your account immediately, without notice, for any violation of these Terms, including but not limited to violation of our Content Moderation Policy, non-payment, providing false or misleading information, or any activity that we deem harmful to RankYak or other users.

  • Without Cause: We may also terminate your account at any time, for any reason, with thirty (30) days' prior written notice.

  • Effect of Termination: Upon termination of your account, your right to use the Services will immediately cease. We are not responsible for any loss of data or content that may occur as a result of account termination. Sections regarding Ownership of Intellectual Property, Content Disclaimer, Warranty Disclaimer, Limitation of Liability, Indemnity, Governing Law, and Choice of Forum shall survive termination.

Notice

You agree that RankYak may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on RankYak services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and RankYak and govern your use of RankYak services, superseding any prior agreements between you and RankYak for the use of RankYak services.

Choice Of Law And Forum

The Terms of Service and the relationship between you and RankYak shall be governed by the laws of the Netherlands without regard to its conflict of law provisions. You and RankYak agree to submit to the personal and exclusive jurisdiction of the courts located within the Netherlands.

Waiver And Severability Of Terms

The failure of RankYak to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of RankYak services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Copyright Infringement

RankYak respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify us. Your notice should include:

  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the allegedly infringing material is located on the Services.
  • Your contact information (name, address, telephone number, and email address).
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • An electronic or physical signature.

We will respond to notices of alleged copyright infringement in accordance with applicable law. We reserve the right to remove or disable access to any material claimed to be infringing and to terminate the accounts of repeat infringers.

Updates to the Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on the Site and updating the "Last Updated" date. You are advised to review these Terms periodically for any changes. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of such changes.

Content Generation Guidelines and Third-Party Platform Policies

RankYak is designed to help you create content for your website. While we do not directly control how you use the Generated Content, it's important to be aware that many online platforms, including websites and advertising networks, have their own content policies.

You are solely responsible for ensuring that any content you publish, including content generated by RankYak, complies with the terms of service and content policies of any platform where you choose to publish or promote that content.