Terms of Service & Use
Rankode sp. z o.o. (“.rankode”) is a ML-powered solution that analyzes proficiency of any source code.
This page informs you of our policies regarding collecting, using, and disclosing personal data when you use our Service and the choices you have associated with that data.
These Terms of service (“Terms of Service”) set out the terms and conditions for the use of the Service by those who wish to compare the contents and revisions of documents („Users”) automatically and contextually.
The Services are offered to You subject to Your acceptance, without modification of all of the terms & conditions contained herein and all other operating rules, guidelines, procedures, policies (including the Privacy Policy at rankode.ai/privacypolicy) and any future modifications thereof, that may be published from time to time at the Service or otherwise made available to You through the Services (collectively the “Agreement”).
The commencement of the use of the Service shall imply the confirmation of the reading of the Agreement and the acceptance of all its provisions, thus concluding a legally binding Agreement with Rankode.
1. DEFINITIONS
1.1. The terms used in these Terms of Service shall have the following meaning unless expressly stated otherwise:
1.1.1. „Functionalities” means jointly functional capabilities, features & options available to the Users through the Service.
1.1.2. „Rankode” ("we", "Company") shall mean Rankode sp. z o.o. (equivalent to a limited liability company) based in Olsztyn at Towarowa street 20B, postal code: 10-417, Poland, entered in the Register of Entrepreneurs of the National Court Register held by the District Court for Olsztyn, VIII Commercial Division of the National Court Register no. 0000962048 (KRS), TAX ID (NIP): 7393966564.
1.1.3. “License” means the non-exclusive, non-transferable (without right to sub-licence) licence granted to Users to use Rankode 's intellectual property rights within the Service.
1.1.4. „Terms of Service” means these terms of Service services.
1.1.5. “Force Majeure” means circumstances that result a Party to be in delay or fail to perform the Agreement and that the Party could not influence, avoid, or overcome or the consequences thereof. Such circumstances include, but are not limited to, fire, flood, riot, war, terrorism, embargo, strike, and any other circumstances beyond Party's control.
1.1.6. “Party” (“Parties”) means Party (or Parties) hereof.
1.1.7. "Consumer” means a natural person who makes a legal transaction with an entrepreneur which is not directly related to that person's trade or profession or a natural person who concludes a contract which is directly related to that person’s trade or profession, where it appears from the content of the contract that the contract is not of a professional nature for that natural person.
1.1.8. “Rankode website” means the Rankode website accessible at https://www.rankode.ai/.
1.1.9. „Agreement” means the agreement between you and Rankode based on which Rankode will allow you to use on the Service without a registration of User Account and grant you a License, in accordance with the provisions of these Terms of Service as well as any other relevant documents, including but not limited to the Privacy Policy.
1.1.10. “Services” mean the services provided through on the Service to the User such as: files analysis, source codes analysis, report delivery and billing.
1.1.11. “User” means Service user.
1.1.12. “User Content” means all data and information, including text, music, sound, photos, graphics, video, and other data, made available by the User to Rankode for use as described in these Terms of Service, relating to the proper use of the Service and opinions about the Service published by Users through the Service.
2. AGREEMENT
2.1. In order to use the functionalities offered within the Service, it is necessary to conclude an Agreement with Rankode.
2.2. The conclusion of the Agreement with Rankode is effected by the acceptance by the User of all the provisions of these Terms of Services, as well as any other relevant documents and start using the Service within your User account and to some extent described below in these Terms of Service without a Registration of User Account.
2.3. In connection with the conclusion of the Agreement, Rankode shall undertake to grant the User access to the relevant Functionality (depending on the option chosen) within the Service, via the User Account and to some extent described below in these Terms of Service without a Registration of User Account, and to provide access to the Services.
2.4. Rankode is an information society service provider and does not provide legal services, economic services, audit services, editorial services and other similar.
3. REQUIREMENTS
3.1. The services offered through the Service are provided via the Internet and are subject to any restrictions related to the use of this network.
3.2. Rankode does not guarantee uninterrupted access to the Service at any time or place.
3.3. Rankode does not guarantee the correct operation of the Service on all available versions of operating systems and web browsers. The use of the Service requires at least the following technical requirements:
3.3.1. uninterrupted access to the Internet.
3.3.2. an updated web browser with cookies and Java Script enabled.
3.4. Rankode recommends the use of the following web browsers: Chrome, Firefox - all in continuously updated versions.
3.5. Restrictions on User’s text files/source codes:
3.5.1. .zip
3.5.2. .py
3.6. The User needs to deliver a valid link to a public repo (eg. GitHub) or files with the source-code.
3.7. Before analysing a code sample Rankode requires each User to declare that
3.7.1. the User is the only author of the code and that they developed the uploaded files themselves;
3.7.2. the project needs to have a minimum of 500 lines and must be original in at least 40%.
4. USER ACCOUNT
Using the Rankode service does not require creating an account.
5. FUNCTIONALITIES
5.1. As part of the Service, we undertake to use all reasonable care to provide Users with Functionality that is consistent with the information provided on the Rankode Site and in these Terms of Service.
5.2. Within the Service, the User may use the following Functionality:
5.2.1. generate reports with the results of the software developers programming skills;
5.2.2. deliver a report via email;
5.2.3. newsletter subscription.
5.3. The User may subscribe to the newsletter service. The newsletter service consists in periodical sending to the User's e-mail address newsletter and messages containing marketing content (commercial information) of Rankode and its business partners. Newsletter subscription is voluntary and free of charge. The newsletter service is provided for an indefinite period and the User may unsubscribe from it at any time.
6. PAYMENT AND VOUCHERS
6.1. The Rankode service is a paid service. Payment is made after expressing all consents and going to the payment page.
6.2. Rankode will store user data related to payments (as long as required by law, i.e. 6 years)
6.3. The user has the opportunity to get a voucher. A voucher is a discount code granted as part of a promotion in accordance with separate rules for each promotion.
6.4. For the first 50 people the first time Service will be free of charge.
6.5. There may be other promotions lowering the cost of the Service. The rules for each of these promotions will be provided separately on the Rankode website. Rules will be predetermined and will apply for the duration of one particular promotion.
6.6. Information about vouchers will be available on Rankode's social media.
6.7. Vouchers can also be used to test the service. The rules for granting them are defined by Rankode.
7. USER CONTENT LICENSE
7.1. The User is solely responsible for the User Content.
7.2. Permitting access for Service to the User Content, the User:
7.2.1. represent and warrant that You have the necessary rights to grant the license under this Section and the use of the User Content by Us does not infringe any third party`s right, including Intellectual Property Rights.
7.2.2. agrees that User Content will not depict or promote violence, illegal activity or infringe on the rights of others. User Content will not contain sensitive data such as medical data, business secrets and confidential information, violates the rights of third parties such as: patents, trademarks, copyrights. The User will always comply with all laws and regulations that are always in effect. We may, but have no obligation to, suspend or terminate your use of the Services if, in our sole discretion, the content of your User Content is unlawful, offensive, threatening, defamatory, libelous, obscene, or objectionable, or otherwise violates applicable law or the Agreement.
7.2.3. grant to Rankode during the Agreement a non-exclusive, non-transferable, and sub-licensable license to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise use the User Content for providing the Services and for performing Our obligations hereunder, ss well as to use user content for analytical purposes.
7.2.4. Irrevocably agrees and irrevocably authorizes Rankode to make modifications to the User Content in particular by creating new versions of files and saving them to the User Account, processing, analytical and fragmentation processes, in any way that, in Rankode 's sole discretion, is necessary or helpful to achieve User's expected result consistent with the purpose of the Service.
The above-mentioned license shall be valid notwithstanding the termination or expiry of the Agreement for any reason or despite the removal of the User Account.
7.3. It is forbidden to use Service for a purpose that does not comply with generally applicable law. It is forbidden to use Service in a commercial manner without obtaining an additional license.
7.4. Rankode reserves the right to refuse to process User Content if, in Rankode 's opinion, it does not comply with the requirements of these Terms and Conditions or the law. Rankode may, at its discretion, set specific guidelines and conditions regarding the content and form of User Content and amend them as circumstances dictate.
7.5. Rankode shall store User Content on Rankode’s servers to the extent technically required to provide its services. The content on which the analysis will be performed may be permanently stored on Rankode's servers.
7.6. Rankode shall not be liable for User Content, however, it is forbidden to analyze someone else's source code and impersonate it.
8. REVIEWS
8.1. The Service allows Users to publish reviews about the Services through the Service.
8.2. Reviews are posted and publicly available on the Service, Rankode’s social media channels and Rankode’. Opinions shall bear the name of the User. Opinions can only relate to the professional activity of the Rankode and can only be based on the User’s personal experience and must relate to the Services that were provided through the Service.
8.3. Publishing a review is possible only with the author's consent.
8.4. Reviews are User Content, and the provisions of Section 6 of the Terms of Service below shall be applicable thereto.
9. PERSONAL DATA
9.1. For the effective performance of the Services, we shall be authorized to collect and process on Your behalf the data uploaded or stored by You within the Service, to the extent necessary for the performance of the Agreement and verification of the Service use – through implementation of cookies mechanism, tags or other tracking techniques. We may also consolidate this user data with the data collected from social media services or other related sources.
9.2. The processing of personal data by Rankode is in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”), national regulations, Privacy Policy (available at this link rankode.ai/privacypolicy) and other laws applicable in the circumstances.
9.3. Rankode is not responsible for the processing of User’s personal data if the User’s Content includes records contrary to these terms and conditions.
10. SUPPORT
10.1. Rankode shall provide professional support for business customers in operational and technical issues arising from the use of the Services during Our normal business hours (currently 9:00 a.m. to 5:00 p.m. Eastern European Time weekdays except public holidays).
10.2. The support mentioned above is provided by answering questions submitted to Rankode via e-mail: office@rankode.ai including the use of interactive contact form available on the Service.
11. SERVICE LICENSE AND RESTRICTIONS
11.1. The Service and all its components are the property of Rankode and its licensors. Rankode and its licensors remain the owners of the Service when you access and use the Service.
11.2. Rankode grants during the Term a non-exclusive and non-transferable license to the User to use Service property solely for the purposes of the provision of the Services and only in accordance with the Agreement. The License is non-sublicensable, except as expressly set forth herein. Other than the licenses granted hereunder, User may not sub-license the License to any third party without Rankode 's prior written approval.
11.3. The Agreement does not transfer from Rankode to Users any Rankode 's or third party’s Intellectual Property Rights, and all right, title and interest in and to such property will remain (as between the parties) solely with Rankode or such third parties (as the case may be). Rankode, the Service logo, and all other trademarks, service marks, graphics and logos used in connection with Service are trademarks or registered trademarks of Rankode. Other trademarks, service marks, graphics and logos used in connection with the Rankode’s Website may be the trademarks of other third parties. Your use of the Rankode grants you no right or license to reproduce or otherwise use any Rankode 's or third-party trademarks.
11.4. Except as expressly and separately authorized by Us, You shall not attempt, nor shall authorize any person to attempt, any of the following: (1) remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service; (2) alter, modify, reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the Service (to the extent not permitted by applicable laws), (3) copy, duplicate, frame, mirror, republish, download, display, transmit, or distribute all or any portion of Service in any form or media or by any means, including, but not limited to, visual design elements, features, functions, or graphics; (4) modify, adapt, translate, or create derivative works from or based upon any part of the Service, (5) use the Services for unlawful purposes or against the terms and policies applicable to any social media, (6) access all or any part of the Services in order to build a product or service which competes with the Services, (7) attempt to obtain, or assist third parties in obtaining, unauthorized access to the Services, (8) license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise make the Services available to any unauthorized third party.
12. DISCLAIMER
12.1. The Service is intended to perform analytical services for complex analysis of the textual content of files uploaded by the User or stored on the User Account. The Agreement has the nature of a diligent contract. The User is solely responsible for the use of the Service.
12.2. In order to use the Service, it is necessary to have access to appropriate hardware and software, allowing access to the Internet, an email, a web browser, and User Account (RankodePro). You are responsible for fulfilling the aforementioned technical requirements, including the purchase of any appropriate hardware or software necessary to use the updated web browser with cookies and Java Script enabled and uninterrupted access to the Internet.
12.3. Rankode shall not be liable for any damages arising from the use of the Service resulting from:
12.3.1. improper use of the Service;
12.3.2. technical failures, malfunctions, and interruptions of the Service;
12.3.3. force majeure events;
12.3.4. the performance, preciseness and correctness of analytical services provided by Service;
12.3.5. the truthfulness and reliability of the data, information and documents generated by Service;
12.3.6. operation of the services of other operators, the participation of which is necessary for the launch of Service;
The circumstances indicated above shall not be considered as a breach of the Agreement by Rankode.
12.4. The Services are controlled and operated by Rankode from our offices in the European Union. We make no representation that the Service is appropriate or available for use in other locations. Those who choose to access or use the Services from other locations, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized, or penalized is strictly prohibited.
12.5. Notwithstanding the foregoing, The Service and the Services (including the results achieved by Your use of the Services) is provided "as is" without warranty of any kind, whether express, implied, statutory, or out of a course of dealing or usage of trade, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for any particular purpose or use, noninfringement, quality, accuracy, productiveness or capacity and satisfactory results. Rankode and its suppliers and licensors hereby disclaim all such page warranties to the greatest extent permitted under applicable laws. Rankode does not warrant that the Functionalities contained in the Services will be correct, uninterrupted, or error-free, that defects will be corrected, or that the Service are free of harmful components. You understand and acknowledge that there is no guarantee that any minimum level of revenue, or any revenue, will be generated as a result hereof and Your use of the Services.
12.6. We do not accept or assume any liability for the operation of any third-party products and services or acts or omissions of any third parties.
12.7. Failure by a Party to perform under the Contract due to force majeure shall not be considered as a breach of the Contract. If possible, under the circumstances, the affected Party shall immediately notify the other Party of the event of force majeure, its cause and expected duration.
12.8. Most often, our system takes up to 24 hours to provide the client with a full analysis. Due to the large number of inquiries, this process may take up to 3 working days. If Rankode does not provide the customer with an analysis within 3 working days, it undertakes to return the entire amount paid for the order to the buyer.
12.9. Rankode reserves that there may be a situation when some of the analyzes can be performed manually. The analysis can also be manually verified for diagnostic purposes by an appropriate expert.
12.10. Rankode reserves that the result depends on the file or source code provided by the User, but also the model used. For example, the model may be affected by incorrect information provided by the User. Even if the result may be unreliable or unsatisfactory to the User, the contract is considered to be performed when the analysis is confirmed. An unsatisfactory result of the analysis is not a premise for termination of the contract or warranty service.
12.11. Rankode (and members of its organs, employees, collaborators, representatives, advisors, and legal successors) shall only be liable for the direct results of their actions or omissions and for actual damage (loss). The liability of Rankode and members of Rankode 's organs, employees, collaborators and advisors and legal successors for damage caused by the failure to perform or improper performance of their obligations under the Agreement, regardless of the legal basis of the claims (contractual, tort or other claims) does not include liability for consequential, special, indirect, incidental or other damages, including without limitation lost profits, gains or revenues, business interruption, loss or damage to software or data, loss of working time, clientele or reputation, and similar effects, and is limited to cases of willful misconduct or gross negligence. The upper limit of Rankode 's liability is EUR 400 (four hundred) (regardless of the number of claims made).
12.12. Rankode - to the fullest extent permitted by law - is not responsible for the User's failure to comply with applicable laws or to obtain any decisions, approvals or official permits required to perform a certain activity.
12.13. The User shall be fully liable for damages resulting from any violation of the law or damages caused by the User's actions in connection with the use of the Services, in particular by providing false data, disclosing confidential information or trade secrets, violating personal rights or copyright or other intellectual property rights.
12.14. The User undertakes to refrain from any action that could have a negative impact on the good name and reputation of Rankode.
12.15. The User shall ensure that the performance of his/her obligations under the Agreement does not lead to a violation of third-party rights and/or does not expose Rankode to claims by other parties or sanctions by public authorities and institutions. The User hereby undertakes to indemnify and hold harmless Rankode and its associates, employees, collaborators and advisors and successors from and against any legal liability, any damages, costs, losses or expenses arising from any claim, demand or action taken by any third party relating to the breach by the User of the Agreement, applicable laws or third-party rights.
12.16. The exclusions and limitations under the Agreement (including the provisions of these Rules) of Rankode 's liability towards the Users do not apply to liability for damage caused intentionally, nor do they exclude or limit liability towards the Consumer. The phrase "to the fullest extent permitted by law" shall in principle be understood in accordance with the preceding sentence, unless mandatory provisions of law (if any) - concerning in particular the protection of Consumer rights and interests - provide for a more far-reaching protection of the interests of Users with respect to prohibitions on the exclusion or limitation of liability under agreements. In the aforementioned cases, the provisions of the Agreement shall be interpreted in a manner that gives them a meaning consistent with the aforementioned mandatory provisions of law (in particular with respect to the protection of Consumer rights and interests).
13. COMPLAINTS
13.1. In the event of any concerns about the working of the Service or the manner in which Rankode 's obligations under the Agreement are performed, including any errors, faults or interruptions in access, or any other complaints about the Service, you may raise a relevant complaint using the functionalities available on Service or by sending an email to: office@rankode.ai
13.2. If you need assistance with the Service, in particular if you have any problems using the Service, including any errors, bugs or interruptions in access, or any queries or complaints relating to the Service, please refer to the FAQs, or alternatively contact the support team.
13.3. Rankode shall handle any complaint as soon as possible, within 14 days from receiving the complaint. In order to speed up the handling of your complaint, we also recommend that you indicate in detail in your complaint all the relevant circumstances of the case and the way you expect your complaint to be handled.
13.4. Rankode is entitled to ask you for additional explanations and to provide certain information or documents as far as this is necessary or helpful for an efficient handling of the complaint. Rankode will endeavor to provide the User with feedback as to when the complaint will be dealt with and the status of the case during the handling of the complaint.
14. TERM AND TERMINATION
14.1. The Agreement shall enter into force upon the following conditions have been jointly fulfilled (i) successful payment of the Service paid plan described in the Service, (ii) confirmation via e-mail message of the successful payment to the Rankode bank account or positive authorization of the payment and shall be concluded for a period of chosen paid plan. In the case of the User’s use of the Service with voucher, the User undertake to act in the manner of these Terms of Service when using the Service.
14.2. Except as otherwise provided in the Terms of Service, either Party may terminate the Contract without assigning any reason with one month's notice of termination.
14.3. Either Party may terminate the Agreement with immediate effect in the event of a material breach by the other Party of any of its obligations under the Agreement, which breach is not remedied within 14 (fourteen) days of written notice by the other Party.
14.4. The Agreement shall be terminated by giving notice of termination using the functionalities available within the User Account or by any other means permitted by law.
14.5. A flagrant breach of the Agreement by the User (including the provisions of these Terms and Conditions) may be grounds for suspension of the User's access to the Service or termination of the Agreement with immediate effect.
14.6. Any right to terminate hereof shall be in addition to, and not in lieu of, any other rights or remedies available under applicable law.
14.7. Termination hereof shall terminate all licenses, including sub-licenses, granted hereunder.
14.8. All provisions hereof (as well as all rights and obligations of the Parties) that by their nature regulate the rights and obligations of the Parties following the termination (including, without limitation: ownership provisions, confidentiality, warranty disclaimers, indemnity and limitations of liability, applicable laws, and court venues) shall survive the termination hereof.
15. WARRANTY FOR CONSUMERS USE
15.1. According to the terms and conditions of the Republic of Poland Act of 30th May 2014 on Consumer’ Rights (Text No. 827 as amended), Rankode shall be liable to the User who is a Consumer for the Services discrepancy with the Agreement, existing at the time of delivery of the Services and having become apparent within two years of that time. Any discrepancy of the Services with the Agreement which becomes apparent before the expiry of one year from the time of delivery of the Services shall be presumed to have existed at the time of delivery.
15.2. Rankode liability is limited to the Services performed by Rankode in exchange for the charge according to the paid plan.
15.3. Rankode shall be liable insofar as described in the Republic of Poland Act of 30th May 2014 on Consumer’ Rights (Text No. 827 as amended), in particular the User who is a Consumer is entitled:
14.2.1. to require the Services to be brought into compliance with the Agreement.
14.2.2. to make a statement of reducing the price or withdraw from the Agreement only if: (i) it is impossible to bring the Services into compliance with the Agreement, (ii) Rankode did not manage to brought the Services into compliance with the Agreement, (iii) discrepancy of the Services with the Agreement is essential for the use of the Services, (iv) Rankode stated to not bring the Services into compliance with the Agreement.
15.4. The reduced price must be in such proportion to the price paid upon the Agreement as the value of the discrepancy to the value of the Services performed by Rankode.
15.5. The User, who is a Consumer, is not entitled to withdraw from the contract if the Services discrepancy is not significant. Even though, any discrepancy of the Services with the Agreement shall be presumed to be material.
16. RIGHT TO WITHDRAWAL
16.1. The User, who is a Consumer, loses the right to withdraw a
17. TERMINATION OF SERVICES
17.1. In the event of shutdown of the Service, Rankode reserves the right to suspend the Service in whole or in part.
17.2. Rankode shall give one month's notice of the closure of the Service. Notification of the closing of the Service shall be considered as a termination of the Agreement.
18. GOVERNING LAW
18.1. The Agreement and any legal relations and disputes arising out of or in connection with the Agreement, including those concerning the conclusion of the Agreement, its validity and effectiveness or the interpretation of individual provisions of the Agreement shall be governed by the laws of the Republic of Poland without reference to any conflict of laws rules or foreign law rules.
18.2. All actions and activities performed by the Parties under this Agreement shall be deemed to be performed in the territory of the Republic of Poland, regardless of the User's actual place of residence at the time of using the Service or taking other actions and activities related to the performance of the subject matter of the Agreement. The User acknowledges and agrees to the foregoing.
19. SETTLEMENT OF DISPUTES
19.1. In the event of a dispute concerning the performance of the provisions of the Agreement, the Parties undertake to make efforts to resolve the dispute amicably. If no agreement is reached within 30 (thirty) days from the date on which one of the Parties sends a call for amicable settlement of the dispute, each Party may pursue its claims in the manner provided for by the applicable law. The above provision shall apply to the fullest extent permitted by applicable law.
19.2. Subject to the following provision, any dispute arising out of or in connection with the Contract shall be resolved exclusively by the common court in the Republic of Poland having jurisdiction over Rankode 's registered office in accordance with the rules provided by law, unless the Parties unanimously and expressly agree in a separate written agreement (otherwise being null and void) to submit the dispute to the jurisdiction of another common court or arbitration court agreed upon by the Parties.
19.3. The Parties shall be obliged not to disclose to any third parties the occurrence of a dispute between them, its subject matter and course, both during the attempts to settle the dispute amicably and after the commencement of proceedings before a common court or arbitration court.
19.4. In the case of Consumers, the above clause of the Terms of Service shall not apply and any disputes arising out of or in connection with the Agreement with a Consumer shall be resolved by the competent common court under the rules of Consumer law, unless the Parties agree in a separate agreement to submit the dispute to the cognition of an arbitration court agreed by the Parties.
19.5. The User, who is a Consumer, is able use of out-of-court dispute resolution, in particular the User may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between entrepreneurs and Consumers. Full information on out-of-court dispute resolution can be found on the European Commission’s website at: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints_en.
20. ASSIGNMENTS
20.1. The Agreement is concluded for the sole benefit of the Parties hereto and their respective successors and assigns and, except as otherwise contemplated herein, nothing herein expressed or implied shall give or be construed to give any person, other than the Parties hereto, any rights hereunder.
20.2. Neither Party may resell, assign, or transfer any of its rights or obligations hereunder, and any attempt to resell, assign, or transfer such rights or obligations hereunder without the other Party’s prior written approval shall be null and void. Notwithstanding the foregoing, Rankode may assign or transfer the Agreement in connection with a merger, sale of assets, reorganization and or reincorporation.
21. WAIVER
21.1. The rights and powers conferred on any Party hereby are cumulative and are additional to any right or power which it may have under law or otherwise.
21.2. Any Party may, in whole or in part, release, compromise, waive or postpone, in its absolute discretion, any liability owed to it or right granted to herein by any other Party without in any way prejudicing or affecting its rights in respect of that or any other liability or right not so released, compromised, waived, or postponed.
21.3. No single or partial exercise, or failure or delay in exercising any right, power or remedy by any Party shall constitute a waiver by that Party of, or impair or preclude any further exercise of, that or any other right, power or remedy arising hereunder or otherwise.
22. NO PARTNERSHIP OR AGENCY
22.1. For all purposes hereof and in the performance of its obligations hereunder, nothing in the Agreement shall be deemed or construed to create an agency, employer/employee, joint venture, or partnership relationship between the Parties.
22.2. No Party shall have any authority to ensure any obligations on behalf of any other Party or to make any promise, representation, or contract of any nature on behalf of any other Party.
23. ENTIRE AGREEMENT
23.1. The Agreement (including information linked thereto and incorporated by reference) constitutes the sole and entire Agreement of the Parties communications, representations, and supersedes all prior communications, representations, agreements, and understandings, both written and oral, between the parties with respect to the subject matter hereof and thereof. All the schedules and appendices listed therein shall constitute an integral part hereof.
24. MISCELLANEOUS
24.1. We may update and modify the Terms of Service, Privacy Policy or our Data Processing Addendum from time to time, and by continuing to use the Services after such update or modification You acknowledge and agree that you have read, understood, and agree to become bound by it. Notwithstanding the foregoing, the Software License Agreement (SLA) (if any) shall not be changed, modified, terminated, or discharged, in whole or in part, except by an instrument in writing signed by both Parties hereto, or their respective successors or permitted assigns.
24.2. If there are changes to these Terms of Service that affect the rights or obligations of Users, Users will be notified of the amendments at least 14 (fourteen) days before they become effective with respect to the User. Notification of changes to the Terms of Service may be sent by email, by notification when logging in to the Service, or by other means. If the User does not object before the change to the Terms of Service becomes effective, the User will be deemed to have agreed to the notified change. If the User objects to the change, the change will have no effect with respect to the User and the objection will constitute a termination of the Agreement. The use of the Service after the date on which the changes to the Rules become effective, shall constitute acceptance of the changes by the User.
24.3. If the changes described above negatively affects the use of the Services by the User who is a Consumer, a Consumer is entitled to withdraw from the Agreement by making a statement in writing within 30 (thirty) days from the date of change or receiving the information about the change, if the information was received by the user who is a Consumer after the date of change.
24.4. If there is a conflict between these Terms of Service and the provisions of the Software License Agreement (SLA), the latter terms shall prevail.
24.5. If any particular provision hereof is declared null and void, invalid, unenforceable, ineffective or defective in any way:
(1) it shall be understood insofar as possible as drafted and limited in such a manner that it may be considered valid and effective or be replaced hereunder by valid and defect-free provisions which content and legal consequences shall be possibly similar in economic terms in relation to the substituted provisions and the Parties hereto agree to use all commercially reasonable efforts to achieve the purpose of such provision by such new legally valid and enforceable stipulation.
(2) if the above were not possible it shall not affect the other provisions hereof or thereof except insofar as they depend on or are subordinate to each other, i.e., the Agreement shall remain fully in force as to the remaining provisions and be construed in all respects as if such null and void, invalid, unenforceable, ineffective or defective provision was omitted.
24.6. The invalidity or unenforceability of any provision hereof in any jurisdiction shall not affect the validity or enforceability of the remainder of the Agreement in that jurisdiction or the validity or enforceability hereof, including that provision, in any other jurisdiction.
24.7. Communication between the Parties shall be carried out primarily through the Service or by email to the addresses indicated by the User and Rankode for correspondence. Messages via the Service or email sent to the addresses provided by the Parties shall be deemed to have been received by the recipient upon their sending.
24.8. The parties undertake to give immediate notice of any change of address for service or else any service made to the last address for service shall be deemed to have been effected.
24.9. Users are hereby acknowledged that communications from Rankode regarding issues arising out of or in connection with the Agreement shall be in the English language. If the User does not have a sufficient command of the English language, the User shall provide at his/her own expense an appropriate translation into another language known by the User.
Should you have any questions concerning these Terms of Service, or if you desire to contact Us for any reason: office@rankode.ai.