Terms

Note: This English version is a convenience translation. The German version (on the German site) is the legally binding one.

1. Provider and Scope

RankMaxxing.ch (the «Platform») is operated by Miki Zlatanov, Würenlos, Switzerland (the «Provider»). Contact: info@rankmaxxing.ch. These Terms govern the use of the Platform and the contract between the Provider and the companies, brands or individuals who place a paid entry (the «Customer»). By placing a bid, the Customer accepts these Terms and the Privacy Policy. These Terms, the Rules and the Privacy Policy constitute the entire agreement; in the event of any conflict between the Rules and these Terms, these Terms prevail.

2. Description of the Service

The Platform is a paid visibility ranking. An entry's position is determined solely by the amount of its cumulative bid in Swiss francs (CHF). Whoever bids more ranks higher. A bid increases an entry's cumulative bid; the Customer pays the difference to the previous amount each time. Bids do not expire. A third party may take a higher rank at any time by placing a higher cumulative bid; the Customer can therefore be outbid at any time. A bid provides the opportunity to hold the corresponding rank at the moment of payment. There is no entitlement to a specific position, a specific duration, or to visitors, clicks, enquiries or commercial success. The ranking placement is a digital service that is rendered immediately upon confirmation of payment.

3. Eligibility

The Customer must be at least 18 years old and authorised to act for the listed company or domain. Entries are made in a business context (B2B). The Customer may not use the Platform where doing so is prohibited under applicable law, including the sanctions and export regulations of Switzerland, the EU or the USA.

4. Entries and Bids

The Customer ensures that the stated domain and the details provided (name, description, category) are correct and that it holds the necessary rights. One entry is maintained per domain. The Provider may obtain metadata (e.g. name, description, logo) automatically from the stated website.

5. Payments and Prices

Payments are processed through the payment service provider Stripe. Prices are in CHF. The Provider is not subject to VAT and does not show VAT; depending on the Customer's country of domicile, additional taxes or duties may apply, which the Customer bears itself. The amount payable is the difference between the new cumulative bid and the previous amount. Upon successful payment the bid is booked and the entry activated. Chargebacks or payment disputes without a legally justified reason constitute a breach of contract.

6. No Refunds

All payments are final and non-refundable. This applies in particular where the Customer is outbid, loses its rank, an entry is removed or blocked for violations, or the outcome does not meet expectations. The ranking placement is rendered immediately upon payment; to the extent permitted by law, the Customer expressly waives any right of withdrawal or return. In Switzerland there is, in any event, no statutory right of withdrawal in online commerce. Goodwill refunds are at the Provider's sole discretion.

7. Customer Warranties

The Customer warrants that: (a) it is entitled to list the stated website or profile and to direct visitors to it, and that it is the owner or is authorised; (b) it does not impersonate anyone and does not bid on a competitor's website or profile without authorisation; (c) the target contains no malware, phishing or fraud; (d) the entry and the target comply with all applicable laws, including advertising, consumer and data protection law; and (e) its information is accurate and kept up to date. The Customer is solely responsible for the content of the linked website.

8. Prohibited Content and Use

The following are not permitted, in particular: unlawful, fraudulent, defamatory or misleading content; pornographic content or content harmful to minors; content that exploits children; counterfeit goods or infringements of copyright, trademark or other rights; unlicensed financial, medical, gambling or weapons offerings; identity deception; link shorteners or redirects that obscure the actual target; as well as technical manipulation, automated scraping, manipulation of click counts, circumvention of rate limits, or disruption of the Platform.

9. Moderation, Blocking and Removal

The Provider may reject, delay, edit, re-categorise, hide, block or permanently remove entries without prior notice, in particular in the event of violations of these Terms or the law, missing or invalid company details, or legal, security-related or reputational risks. Where an entry is removed for violations, there is no entitlement to a refund.

10. Reporting Infringements

Anyone who believes that an entry infringes copyright, trademark, personality or other rights, or is unlawful, may report this to info@rankmaxxing.ch. The report should contain: (1) name and contact details; (2) the URL of the affected entry on RankMaxxing.ch; (3) the target URL; (4) a description of the asserted right or violation. During its review the Provider may, as a precaution, restrict or remove the affected entry and forward the report to the Customer. Repeated or abusive reports may be disregarded.

11. Rights in Content

The Customer grants the Provider the worldwide, non-exclusive, royalty-free right to host, cache, adapt for display and ranking (size, format) and publicly display the provided or retrieved details (name, logo, description, domain, handle), for as long as this is necessary for the operation, promotion and archiving of the Platform. The display serves solely to identify the target and does not constitute any statement of sponsorship or endorsement by the rights holder.

12. No Endorsement, No Guarantee of Success

The ranking is based solely on bids and does not constitute any rating, endorsement, award or statement of quality about the listed companies. The Provider does not verify the listed companies, details, prices or results for accuracy and makes no promises as to visitor numbers, reach, enquiries, revenue or any other success.

13. Availability and Changes

The Platform is provided «as is» and without any warranty of uninterrupted availability. The Provider may change features, categories, prices and these Terms at any time with effect for the future. In particular, the Provider may add, merge or adjust categories and subcategories and assign existing entries to them, including retroactively; the Customer's cumulative bid remains unaffected, and such adjustments give rise to no entitlement to a refund. In the event of material changes, the date at the top of this page is updated; continued use after a change constitutes acceptance. For payments already completed, the version in force at the time of payment applies.

14. Liability

The Provider's liability for slight negligence is excluded to the extent permitted by law. In particular, liability for indirect damage, lost profit or loss of data is excluded. Liability for intent, gross negligence and for personal injury is reserved (Art. 100 CO). To the extent any liability exists, it is limited to the amount the Customer has paid to the Provider in the last three months.

15. Indemnification

The Customer indemnifies the Provider against third-party claims arising from its entries, linked content, its payment or chargeback, or a breach of these Terms or of third-party rights, including reasonable legal costs.

16. Data Protection

The processing of personal data is governed by the Privacy Policy.

17. Governing Law and Jurisdiction

Swiss law applies exclusively, to the exclusion of its conflict-of-law rules and of the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a consumer and is protected by mandatory law of its country of residence that cannot be derogated from, that protection remains unaffected. For Customers who are not consumers, the courts at the Provider's registered seat in Switzerland have exclusive jurisdiction, unless mandatory places of jurisdiction provide otherwise.

18. Final Provisions

Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected; an invalid provision shall be replaced by a rule that comes closest to its economic purpose. If the Provider waives enforcement of a provision in an individual case, this does not constitute a general waiver. The Customer may not assign this agreement without the Provider's consent; the Provider may assign it in connection with a transfer of the Platform.