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1.1 These Terms of Use (“Terms”) govern access to and use of the Rankwit platform and related services (“Service”) provided by Rankwit SRL SB (“Rankwit”, “Provider”, “we”, or “us”). They apply to business customers and professionals only and do not apply to consumers within the meaning of Article 3(1)(a) of the Italian Consumer Code (Legislative Decree No. 206/2005).
1.2 Rankwit SRL SB is an Italian limited liability benefit company with its registered office at Piazza delle Scuole 6, 95021 Aci Castello (CT), Italy, registered with the Companies Register of South Est Sicily.
1.3 By using the Service, the Customer (“you” or “Customer”) accepts these Terms in full. Any general terms or conditions of the Customer shall not apply unless expressly accepted in writing by Rankwit.
2.1 Core Service: Rankwit provides a digital platform powered by artificial intelligence for marketing analytics, content optimization, and performance insights. Detailed descriptions of the available features are provided on our website and may evolve over time.
2.2 Service Updates: Rankwit may modify or enhance the Service from time to time, including for technical improvements, new functionalities, or compliance with applicable laws. Such modifications will not materially diminish the Service’s core functionality. Customers will be notified of significant changes in due course.
2.3 Third-Party Components: The Service may rely on third-party technologies, data sources, or APIs. Rankwit is not responsible for the continued availability of such third-party components. Should any become unavailable, Rankwit will inform the Customer and make reasonable efforts to provide suitable alternatives.
2.4 Availability: While Rankwit uses reasonable care and industry-standard security and maintenance practices, it does not guarantee uninterrupted or error-free operation of the Service. In case of outages or technical issues, Rankwit will act promptly to restore functionality.
2.5 No Performance Guarantee: Unless expressly agreed otherwise in writing, Rankwit does not warrant or guarantee any specific business outcomes, rankings, or improvements resulting from the use of the Service.
3.1 The Customer agrees to use the Service only for legitimate business purposes and in compliance with applicable Italian and EU laws. The Customer must protect access credentials and ensure they are not shared or misused.
3.2 Prohibited Conduct: The Customer shall not reverse engineer, decompile, replicate, sublicense, resell, or otherwise misuse the Service. Any breach may result in immediate suspension or termination of access, after reasonable notice where possible.
3.3 Compliance and Data Legality: The Customer warrants that all data and content provided to Rankwit are lawful and do not infringe any third-party rights. Uploading personal data without the required consent or lawful basis under the EU General Data Protection Regulation (GDPR) is strictly prohibited.
4.1 Service IP: All intellectual property rights in the Service, including its software, models, algorithms, and documentation, remain the exclusive property of Rankwit SRL SB. The Customer is granted a limited, non-exclusive, non-transferable right to use the Service during the contract term for internal business purposes only.
4.2 Customer Data: The Customer retains ownership of all data, content, and materials uploaded or provided through the Service (“Customer Data”). The Customer grants Rankwit a limited license to process and use Customer Data solely to provide and improve the Service and to fulfill contractual obligations.
4.3 Rankwit processes Customer Data in accordance with applicable data protection laws and its Privacy Policy. Upon termination, Customer Data will be deleted or returned upon request, except where retention is legally required.
5.1 Fees: The Customer shall pay the applicable fees for the Service as specified in the order form, agreement, or current pricing schedule. Prices are exclusive of VAT and any applicable taxes.
5.2 Invoicing and Payment: Invoices will be issued according to the agreed billing cycle (e.g., monthly or annually) and are payable within 14 days of the invoice date unless otherwise specified. Payments must be made through the agreed method (bank transfer, credit card, or authorized payment provider).
If payment is delayed, Rankwit may apply late payment interest as provided by Legislative Decree No. 231/2002 (commercial transactions) and, after due notice, suspend Service access until the balance is paid.
5.3 Set-off Restrictions: The Customer may not offset any claims against Rankwit’s payment claims unless such claims are undisputed or have been finally adjudicated by a competent court.
6.1 Rankwit shall be liable without limitation in cases of willful misconduct, gross negligence, or for damages resulting from injury to life, body, or health caused by its negligence.
6.2 In cases of ordinary negligence, Rankwit shall only be liable for the breach of essential contractual obligations (obligations whose fulfillment is fundamental to the contract’s purpose) and only for foreseeable and typical damages.
6.3 Rankwit shall not be liable for any indirect, incidental, or consequential damages such as loss of profit, loss of data, or business interruption, unless caused by intent or gross negligence.
6.4 The above limitations also apply to Rankwit’s representatives, employees, and subcontractors.
6.5 The Customer agrees to indemnify and hold Rankwit harmless from any third-party claims arising from unlawful or improper use of the Service, to the extent such claims are attributable to the Customer.
7.1 The contractual relationship begins when the Customer accepts these Terms and registers or subscribes to the Service.
7.2 Unless otherwise agreed, the contract remains in effect for an indefinite term and may be terminated by either party with 30 days’ written notice effective at the end of the current billing period.
7.3 Either party may terminate the contract with immediate effect for cause, including but not limited to material breach, misuse of the Service, repeated non-payment, or insolvency of the other party.
7.4 Upon termination, the Customer’s account will be deactivated. The Customer is responsible for exporting or saving all necessary data prior to the effective termination date. Rankwit will delete remaining Customer Data after a short retention period, except where retention is legally required.
8.1 These Terms and any disputes arising out of them are governed by Italian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 The exclusive jurisdiction for all disputes arising from or in connection with these Terms shall be the Court of Catania (Italy), provided the Customer is a business entity or professional.
Rankwit may, for legitimate marketing purposes, identify the Customer as a client and display the Customer’s name and logo on its website, promotional materials, and presentations, provided such references are accurate and in good faith. The Customer may withdraw consent or object at any time for legitimate reasons. Rankwit will not disclose any confidential or sensitive information.
10.1 Amendments: Rankwit reserves the right to update or amend these Terms to reflect legal, regulatory, or technical developments. Customers will be notified at least 30 days in advance, and the changes will take effect unless the Customer objects in writing before the effective date.
10.2 Entire Agreement: These Terms, together with any related order forms or written agreements, constitute the entire agreement between Rankwit and the Customer regarding the Service and supersede any prior understandings. Amendments or waivers must be made in writing (including certified email or PEC) unless a stricter form is required by law.
10.3 Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force. The invalid clause shall be replaced with a valid provision reflecting the original intent as closely as possible.
10.4 Contact and Legal Notice:
RANKWIT SRL SB
Piazza delle Scuole 6, 95021 Aci Castello (CT), Italy
Email: info@rankwit.ai
VAT No.: IT06209300877
