I. Overview and Important Definitions
Squirrly offers businesses and individuals access to a rich collection of resources related to search engine optimization, social media marketing, marketing collaboration, team management, author profile, WordPress author box plugin, WordPress plugins, online marketing, and online local business listing management, including, without limitation, search engine optimization tools, link analysis tools, downloadable toolbars, slack bots, Chrome Extensions, emails, application program interfaces (“APIs”), website profile services, search analytics, Software as a Service, content analysis, content marketing analytics, ads analytics, email marketing analytics, insights, training materials, coaching sessions, newsletters, marketing newsletters, email based sales campaigns for other services and sites of Squirrly, email based sales campaigns for Companies which become partners and affiliates of Squirrly, blogs, user-generated content, personalized content, industry surveys, and opinion polls. Collectively, we’ll refer to these resources as the “Services” in this Agreement.
You may access the Sites or Services for free as a user (“User”). While access to certain portions of the Sites and selected features of the Services is free, Squirrly reserves the right to charge fees for features and benefits associated with the Sites or Services at any time.
Squirrly only allows access to Sites and Services to users who agree to the TOU.
A User who pays for any portion of the Sites or Services shall be referred to as either a “Subscriber” or “Customer” in this Agreement.
Now that we’ve gotten these definitions out of the way, let’s talk about terms specific to certain Services, followed by terms relevant to all Users, Subscribers and/or Customers.
II. Conditions Governing API Usage
Squirrly may offer APIs for use by third parties, such as the Rank My WP API or the ContentLook API. While Squirrly may not charge for API use under certain circumstances, any such use is subject to these TOU.
If Squirrly enters a separately negotiated agreement with you related to a specific API use, these terms will still apply, but any conflicting terms in that agreement will override terms in this Section.
All data associated with a Squirrly API is proprietary to Squirrly. If you use or publicly display such proprietary data associated with this API, you must comply with any link and attribution guidelines set forth on the Sites from time to time in addition to these TOU. Moreover, you may not resell or redistribute proprietary Squirrly API data via your own API or offer it to third parties.
Squirrly reserves the right to suspend or terminate access to any API at any time and for any reason, with or without cause. If your access to an API is suspended or terminated, you have no rights associated with such API and you acknowledge that you will not be entitled to any remuneration or compensation of any kind.
You are not allowed to reproduce the APIs content without permission.
You are not allowed to create a browser or border environment around the API content.
You will not present false information about the API. You will not present inaccurate information about the API.
You will not use the API on websites that could be construed as distasteful, obscene, offensive, defamatory, misleading or used for illegal purposes.
III. License and Usage Agreement for Rank My WP.
Rank My WP runs incredibly fast inside of your WordPress site because it is part plugin, part information that comes from our servers through one of our APIs.
By creating any account, you as a person and human individual, agree to this section of the ToU regarding the license of Rank My WP.
Failure to comply with any paragraph mentioned in this section of the Agreement can and will bring you charges of software theft and digital piracy.
You, (used in this paragraph to refer to you as a user, or subscriber, or customer) agree to comply to this section of the Agreement.
You agree to only create one account and one account only for the Rank My WP Plugin.
If, for any reason, you require to create more than one account you will contact our Customer Service team at [email protected] with the Subject Line: I need more than one account for Rank My WP. Your request will be processed. You will answer any questions we have. If you do receive clear written confirmation from Squirrly that states beyond the shadow of a doubt that you are entitled to creating more than one account, then you may proceed and create another account.
Under no other circumstance are you allowed to create more than one account. Creating more than one account (by you) will be considered a direct violation of the License presented under this paragraph of the Agreement. It will also be considered as failure to comply.
For the Free Version of Rank My WP, the Old Squirrly, the Business version and the PRO Version of Rank My WP you are allowed to install it only on WordPress sites that You own or currently manage under a clear contract and with personal Admin access to that website and authority to decide on software purchases. This will be tested Quarterly by Squirrly to reduce software theft and license breaches.
None of your websites are allowed to appear in more than one Rank My WP account. If we find out that one of your websites appears in two or more different Rank My WP accounts, you allow us to take legal action against you as a person and against the company you represent. Also, even if we do not find this out in due time, it will still be considered a direct breach of this Agreement and Squirrly will consider this as failure to comply from your side.
Using the Rank My WP Plugin that you get directly from the WordPress directory, without you creating an account with Squirrly, allows you to use the plugin under the TOS of wordpress.org. Once you sign up with your email address, you are bound by this Agreement.
Squirrly may use the API side of Rank My WP at any given time, without any notice, and without any explanation, to verify compliance with the Rank My WP License presented in this section.
When you use your email address to create your Squirrly account, you agree to automatically receive the following after signup:
– a free account for Rank My WP
– a free coaching session via email (the email you use when you create your account) with the CEO of Squirrly
-a signup Bonus, consisting of 14 Days of PRO-level features and other bonuses offered as seen fit by Squirrly.
– marketing and sales emails at any time and from different lists from the Squirrly Company.
You take full responsibility for creating the account and for protecting what you receive after signup. Under no circumstance are you allowed to mark the free coaching sessions as spam. If you decide they are not worth your time, you have the option to unsubscribe from them.
IV. Conditions Governing Subscriptions
Payment for Subscriptions As a Subscriber, you must agree to the payment terms presented to you at the time you sign up for Services on the Sites.
You are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You may not receive further notice of your renewal after signing up for a subscription, and you must visit your Subscription and Billing page (with whatever name we have for that section of our dashboards at any time) to find out when your subscription is set to renew. Subscriptions recur either monthly or annually in most cases, depending upon the renewal term you choose during the purchase process.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use that credit card. Squirrly reserves the right to implement fraud-protection measures. This also applies to every payment for subscriptions made through Squirrly’s FastSpring accounts. FastSpring is an INC 500 company from the U.S. and all the SaaS sales that we make is done through them. They are authorized to take fraud protection measures.
Cancellation of Subscriptions. For security reasons, an email or phone call to Squirrly is not sufficient to cancel your Squirrly subscription, which you may cancel at any time by selecting the cancel button on your Billing page and then completing the Exit Form which appears to you in the interface. Cancellations can only be made from inside [email protected] Cancellation does not entitle you to a refund under any circumstances. You will continue to have access to the Sites and Services you have paid for until the end of your subscription term, but will lose access if the subscription is not in good standing.
No Refunds. Squirrly is not obligated to provide you a refund at any time. If you choose to cancel your Squirrly subscription during your subscription term, you will not be refunded, in whole or in part. If you choose to downgrade your subscription during your subscription term, you may be entitled to a pay a lower, pro-rated amount as of the date of renewal, but you are not entitled to a cash refund at any time.
If you use PayPal’s Resolution Center to make a work-around for the refunds which you are not entitled to under these TOU, then you will be in direct violation of this license and we can take direct action against you under charges of theft and digital piracy.
NO Rank My WP plan will ever be refunded for errors that occur with the plugin side of Rank My WP. Reason: you can test the Free version any time. If the Free version works in your WordPress, so will the paid plans for Rank My WP. We do not refund for any theme, plugins, etc. conflicts that appear because of what was mentioned earlier in this paragraph. It is your responsibility to test it before buying any paid license or paid plan or paid subscription.
V. Conditions Governing All Users of Squirrly Sites and Services
The Services are available only to Users:
Who are human (not bots, except for certain authorized API users) and 13 years of age or older, and Users who are also Subscribers or Customers must be at least 18 years old.
Who submit truthful and accurate information about themselves and maintain the accuracy of such information.
Who do not impersonate any other person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Sites.
With a valid email address.
Who do not to authorize others to use their account, profile, or messages.
You agree to inform Squirrly immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Services in connection with your account.
You agree that your rights in a subscription or use of any paid Services (including, for example, the ability to change a password associated with a Rank My WP account) may be dependent upon demonstrating that you have paid for the subscription or Sites.
You acknowledge that if you sign up for any Services and pay via credit card, and Squirrly cannot charge your credit card at renewal, Squirrly may cancel your subscription and you may lose access to the Services and any data associated with your subscription or account.
While some Services may be paid for via invoice by mutual written agreement by you and Squirrly, Squirrly reserves the right to quote additional fees for invoiced accounts. If Squirrly has entered into an invoicing relationship with you, the following terms apply unless superseded by written agreement: you agree to pay all undisputed invoices within 30 days. You agree that Squirrly may charge interest of 1.5% per month for past due invoices, or the highest rate permitted by law, and you agree to be liable for reasonable attorney fees and collection costs arising from Squirrly’s efforts to collect on past due amounts; If you fail to pay an invoice, Squirrly reserves the right to cancel your subscription, access to any Services, and any data associated with your subscription or the Services.
You acknowledge that portions of the Sites and Services are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
Squirrly reserves the right to monitor your communications to the extent they are facilitated by the Sites or Services, and may disclose content and information about you, including content contained within your communications, if Squirrly deems it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this TOU; or (3) protect the rights, property, personal safety, or interests of Squirrly, its employees, customers, or the public.
VI. User Obligations Regarding User Generated Content
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Sites or in connection with the Services, whether publicly posted or privately transmitted, shall be referred to herein as “User Generated Content.” Users assume the following obligations with User Generated Content:
Users assume legal responsibility for all User Generated Content.
Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Sites or Services.
Users agree not to post, transmit, or share User Generated Content on the Sites or Services that User does not have permission to post, transmit or share.
VII. Squirrly Obligations Regarding User Generated Content
Squirrly assumes no obligations to screen and does not routinely pre-screen User Generated Content posted via the Sites or in connection with the Services.
Squirrly does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of Squirrly and under no circumstances will Squirrly be liable in any way for any User Generated Content, including without limitation liability related to any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Sites or Services.
As such, you are solely responsible (at your own expense) for creating backup copies and replacing any User Generated Content you post or store on the Sites or Services or otherwise provide to Squirrly. Notwithstanding its lack of obligation, Squirrly may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of Squirrly violates this TOU or which may be offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity.
Squirrly assumes no obligation to maintain or store your content. Squirrly may delete, modify, or restrict the display of User Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, violation of the TOU; once deleted, User Generated Content may not be retrieved.