1. Acceptance of Terms
By accessing or using RankLadder ("Service"), provided by Digital Macaroni ("Company"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Description of Service
RankLadder is a software platform that helps businesses manage their online reputation by aggregating reviews, providing analytics, generating AI responses, and facilitating SMS/Email review requests. Use of the Service requires a Google Business Profile.
3. Accounts & Security
- Eligibility: You must be 18 years or older and have the authority to bind the entity you represent.
- Security: You are responsible for maintaining the security of your account credentials. The Company is not liable for any loss resulting from unauthorized access to your account.
- Bot Use: Accounts registered by "bots" or automated methods are not permitted and will be deleted.
4. Review Guarantees & Liability (Disclaimer)
RankLadder provides tools to facilitate the collection and management of reviews, but we do not and cannot guarantee that:
- You will receive a specific number of reviews.
- All reviews will be positive.
- Third-party platforms (e.g., Google) will publish every review.
Google's Policies: You acknowledge that Google Business Profile has strict policies regarding review gating and fake engagement. While we strive to remain fully compliant with these policies, you are responsible for your specific use of the platform. We are not liable for any suspension, penalties, or removal of reviews imposed by Google or other third-party platforms.
5. Acceptable Use (SMS & 10DLC)
RankLadder uses Twilio to power its SMS and MMS messaging infrastructure. By using the messaging features of the Service, you agree to comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), as well as Twilio's Acceptable Use Policy and Twilio's Messaging Policy. You represent and warrant that:
- Consent: You have obtained explicit prior express written consent from every individual you upload to the Service before sending them SMS or MMS messages, in full compliance with TCPA and applicable carrier requirements.
- Prohibited Content: You will not send messages containing content related to: Sex, Hate speech, Alcohol, Firearms, Tobacco (collectively, "SHAFT"), or any other illegal activity.
- Forbidden Categories: You may not use the messaging features of the Service if your business operates in any of the following categories: high-risk financial services, third-party lead generation, debt collection or forgiveness, gambling, cannabis or CBD (in the United States), or any other category prohibited under Twilio or carrier policy. A complete list of forbidden categories is available in Twilio's Messaging Policy.
- Frequency: You will manage your sending frequency responsibly to avoid being flagged by carriers or recipients as spam.
- Age Gating: You must ensure proper age verification procedures are in place prior to sending SMS or MMS messages where required by applicable law.
We reserve the right to suspend or terminate messaging capabilities on any account that violates carrier regulations, Twilio policies, or exhibits an excessive opt-out rate.
5.1 Carrier Fines & Penalties (Important)
You acknowledge that mobile carriers (e.g., AT&T, T-Mobile, Verizon) actively monitor for non-compliant traffic (e.g., spam, SHAFT violations).
- Advocacy: We will make reasonable efforts to advocate on your behalf to clarify the circumstances of any violation.
- Pass-Through Liability: However, if a carrier issues a fine or penalty to Digital Macaroni arising from your traffic (e.g., a $10,000 SHAFT violation fine), you agree to be fully liable for and pay the full amount of such fine, plus a 10% administrative processing fee covering compliance costs and carrier correspondence.
- Right to Charge: We reserve the right to invoice or charge your payment method on file for the amount of any such carrier fine after providing notice to you.
6. AI Generated Content
The Service uses Artificial Intelligence to suggest responses to reviews. You acknowledge that:
- AI suggestions may be inaccurate or inappropriate.
- You are required to review and edit all AI-generated responses before posting.
- You are solely responsible for the content posted to your public profiles.
7. Payments, Cancellation, and Refunds
- Subscription: The Service is billed in advance on a monthly or annual basis.
- Pricing Adjustments: We reserve the right to change our subscription fees or credit allowances upon thirty (30) days' notice to you.
- Activation Fees: One-time fees (e.g., 10DLC Registration) are non-refundable.
- Cancellation: You may cancel at any time via your account settings. Cancellation is effective at the end of the current billing cycle.
- Refunds: There are no refunds for partial months of service or unused SMS credits.
- Credits: Unused SMS credits for the "Plus" plan may roll over up to a defined limit, but are forfeited immediately upon account cancellation.
8. Intellectual Property
Digital Macaroni retains all rights, title, and interest in the Service, including its code, design, and analytics algorithms. You retain ownership of your customer data.
9. Limitation of Liability
To the maximum extent permitted by law, Digital Macaroni shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. In no event shall our aggregate liability exceed the amount paid by you for the service in the one (1) month period preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless Digital Macaroni from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights (including TCPA violations).
11. Governing Law & Arbitration
These Terms are governed by the laws of Wyoming, USA. Any dispute arising from these Terms shall be resolved through binding individual arbitration in Sheridan County, Wyoming. Class actions are waived.
12. Messaging Terms & Conditions
RankLadder provides SMS and MMS messaging services to help businesses communicate with their customers regarding reviews and feedback requests following a completed service interaction. These messages are sent on behalf of our platform users (business owners) to their customers via our messaging infrastructure powered by Twilio.
Message Frequency: Message frequency varies. You will typically receive 1–2 text messages per service interaction (e.g., a review request and one follow-up). Messages are transactional and service-related. You will not receive recurring promotional or marketing messages.
Message and Data Rates: Message and data rates may apply for any messages sent to you or from you. Please contact your wireless carrier for details about your messaging plan and any charges that may apply.
Opt-In: You opt in to receive messages by providing your mobile phone number and checking a non-preselected SMS consent checkbox on a business's RankLadder-hosted consent page. Consent is not a condition of purchase or receiving services.
Opt-Out: You can stop receiving SMS messages at any time by texting "STOP" to the number from which you received a message. After sending "STOP," you will receive a confirmation message and will no longer receive SMS messages from that sender. If you wish to re-subscribe, you may do so through your service provider.
Help: For assistance with the messaging program, reply "HELP" to any message you receive, or contact us directly at hello@rankladder.app.
Carrier Liability: Messages are transmitted through third-party mobile network providers. We cannot control all factors relating to message delivery, and we do not guarantee that messages will be successfully transmitted to every recipient. Carriers are not liable for delayed or undelivered messages.
Privacy: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All text messaging opt-in data and consent information will not be shared with any third parties. For full details on how we handle your data, please see our Privacy Policy.
Supported Carriers: Messages may be delivered via major U.S. carriers including but not limited to AT&T, Verizon, T-Mobile, and others. Carrier support is subject to change without notice.
For complete SMS program details including opt-out keywords, mobile data privacy, and carrier disclaimers, see our dedicated SMS Terms of Service.
13. Contact Information
Mailing Address
Support
hello@rankladder.app