1. General information
1.1 ETARG MEDIA ApS, central business registry No. 32 93 22 15, (hereinafter “ETARG”) has established an online cloud based SEO tracker service (hereinafter “AccuRanker”), which i.a. provides information on rankings, historic data on rankings, analytics data on search keywords, automatic white-label report generation and Google Analytics and Google Search Console integration.
2.1 Before using AccuRanker the User must first register for an AccuRanker account. Account registration can be made at;
2.2 The User’s access code to AccuRanker (hereinafter “Access Data”) must be treated confidentially by the User, and may not be disclosed to third parties. If the Access Data is misused due to circumstances under the Users control, the User is liable for any damages caused by such a misuse. The User is, furthermore, obligated to inform ETARG about any misuse of AccuRanker that it becomes aware of.
2.3 The User is obligated to keep its contact information and any other relevant information given to ETARG updated at all times.
2.4 The User has no entitlement to permanent availability of AccuRanker.
2.5 ETARG may at any time turn off AccuRanker temporarily or permanently, and make changes to information and data made available by AccuRanker (hereinafter “AccuRanker Data”).
2.6 The User must itself procure any hardware and software required to use AccuRanker. The User bears any costs associated with using AccuRanker.
3. Usage restriction
3.1 The User may only use AccuRanker and AccuRanker Data after ETARG has granted the User acces to AccuRanker.
3.2 The User may be asked by ETARG to state its intended purpose of use of AccuRanker.
3.4 Accuranker Data may only be used in accordance with any guidelines issued by ETARG. The User may not access AccuRanker Data by automatic methods except by using the Application Program Interface made available by ETARG. The User may in no way enable third parties to access Accuranker Data without ETARG’s explicit consent.
3.6 Neither AccuRanker nor AccuRanker Data may be used in any manner, which may directly harm the reputation and standing of ETARG.
4. Subscription and payment
4.1 The User must, after expiry of a possible trial period, choose one of the subscription plans offered by ETARG before using AccuRanker. The subscription plans and pricing are described at;
4.2 Payment for use of AccuRanker is made in advance, and payment must be made either by PayPal or one of the credit cards accepted by ETARG’s payment provider BraintreePayments. Payments is made in US dollars.
4.3 ETARG offers monthly and annual subscriptions. Subscriptions are automatically renewed if the user have not cancelled its subscription before the subscription period have expired. Payment is automatically deducted from the User’s PayPal account or credit card, every time a subscription period expires.
5.1 The User may at any time terminate its subscription to the end of the subscription period in effect at the time of the User’s termination. The User can only terminate its subscription on the User’s AccuRanker account page.
5.2 The User cannot demand refunds for the subscription period that remains on the time of the Users termination.
5.4 Information entered into AccuRanker by the User, and AccuRanker Data created on basis of such information, will not be retained by ETARG after the Users subscription has been terminated.
6. Proprietary and intellectual property rights
6.1 AccuRanker and all related proprietary and intellectual property rights, including but not limited to copyrights to text, layout, drawings, images, databases, audio and video contained at the AccuRanker website, domain name rights, and registered as well as unregistered trademark rights and feature rights in names and logos, used by ETARG (hereinafter ”Proprietary and Intellectual Property Rights”), are the proprietary rights of ETARG.
6.2 ETARG is at any time at liberty to transfer, in whole or in part, all Proprietary and Intellectual Property Rights to third party without notice and information to the User. Further, ETARG is at any time at liberty to change or modify, in whole or in part, all Proprietary and Intellectual Property Rights without notice and information to the User.
6.3 The User acknowledges all Proprietary and Intellectual Property Rights and simultaneously declares that it will at all times – while using AccuRanker and subsequently - observe and respect all Proprietary and Intellectual Property Rights.
7.1 ETARG assumes no liability for any errors or defects in AccuRanker, nor for any other form of non-performance of AccuRanker.
7.2 Furthermore, ETARG does not accept any liability for the suitability of AccuRanker for the User’s intended purposes.
7.3 ETARG’s total liability for the User’s potential claims, is limited to the User’s direct losses, and ETARG’s total liability can never exceed more than 50 % of the total amount the User have paid ETARG for the use of AccuRanker the last 12 months before the incident that caused the User’s claim incurred.
7.5 Neither the User nor ETARG shall be liable for any delay or failure to perform its obligations (expect payment of fees) that are caused by force majure.
8.1 ETARG is entitled to use the User as a reference for marketing purposes, i.a. in sales materials and studies. The User grants ETARG the right to use the User’s trademarks and business name in this regard.
9. User information
9.1 Any kind of disclosure, information or material forwarded by the User to ETARG – regardless of form – will, unless otherwise expressly stated by the User, be treated as non-confidential and uncopyrighted.
9.2 Disclosure, information and material forwarded by the User to ETARG, expressly marked as confidential, will be treated as such by ETARG, who will take all possible steps to ensure the confidentiality of such disclosure, information and materiel.
12. Entire Agreement
13. Governing Law
14.2 The arbitration tribunal shall be composed of three arbitrators.
14.3 Each Party shall appoint one arbitrator and Danish Arbitration shall appoint a third arbitrator who shall be the chairman of the arbitration tribunal. If a party has not appointed an arbitrator within 30 days of having requested or received notice of the arbitration, such arbitrator shall be appointed by Danish Arbitration.
14.4 The place of arbitration shall be in Aarhus, Denmark.
14.5 The language of the arbitration shall be Danish.