Terms of Service

Operator and contact

This Service is operated by the whobetter service business ("we", "us", "our"). The Service is provided at https://whobetter.lol.

Legal and listing notices: info@whobetter.lol

These Terms apply together with the public Rules. If the Rules and these Terms conflict, these Terms prevail.

What the Service is

whobetter.lol is a public, free ranking platform. Subject to the Rules, you may list a product website or an X, Instagram, TikTok or LinkedIn account; rank is determined by the likes and comments the listing receives. Listings are not an editorial review, a certification, an endorsement or an independent assessment.

Being listed guarantees no traffic, clicks, customers, revenue, special placement, any fixed time at a given rank, any search engine position or any outcome. Another listing can gather more engagement and overtake you. The daily list counts only engagement within the last 24 hours. We may change, pause or discontinue features, categories and the ranking formula.

Eligibility

• You must be at least 18 years old and able to enter into a binding contract.
• If you use the Service on behalf of a company, you represent that you are authorised to bind that company, and "you" includes that company.
• You may not use the Service if you are barred from receiving services under the laws of Germany, the European Union, the United States or other applicable jurisdictions, including trade sanctions.

Listings must show valid company details

You may only list a website or an X, Instagram, TikTok or LinkedIn account that you own or are authorised to represent. For a website listing, the live site must show valid, current company or operator details identifying who is legally responsible for the project: legal name and, where the law applicable to that site requires it, a postal address, a working contact method and any other required imprint, business register or tax details. For an X listing, you must be authorised to represent the account, and any website it promotes must meet the same standard.

Missing, fake, incomplete, impersonating or unverifiable details are grounds for removal. If these details are not in order, we may remove the listing at any time without a refund.

What you warrant

By submitting a URL or an account link, you represent and warrant that:

• You have the right to list that destination and to send visitors to it.
• The listing and the destination comply with all applicable laws, including advertising, consumer, privacy, intellectual property and regulated-industry rules.
• You are not impersonating another person, brand or company, and you are not bidding on a competitor's site or profile without authorisation.
• The destination is not malware, phishing, a scam or a site whose main purpose is deceiving visitors.
• The information you submit is accurate and you will keep it accurate.

Prohibited listings and use

In addition to the Rules, you may not list or use the Service for:

• Sexual, pornographic or adult-platform content; chat, invite or messaging group links (Telegram, WhatsApp, Discord and the like); or link shorteners used to hide the real destination.
• Illegal, fraudulent, defamatory, harassing, hateful, violent or child-exploiting content.
• Counterfeit goods, unauthorised streaming, or infringement of copyright, trade marks or other rights.
• Offers requiring licences you do not hold (including certain financial, medical, gambling or weapons-related offers).
• Interference with the Service: scraping beyond normal browsing, manipulating click counts, bypassing rate limits, automated bidding without our written permission, or reverse engineering except where mandatory law allows it.

Our right to remove listings

We may refuse, delay, edit, recategorise, hide or permanently remove any listing, bid or related page, with or without notice, where we believe these Terms, the Rules or the law have been breached; where a rights holder or platform complains; where company details are missing or invalid; or where we consider the listing a legal, security or reputational risk. Removal does not entitle you to a refund.

Fair use and third-party content

To run the board, we fetch and display public information about listed destinations (names, usernames, titles, descriptions, logos, favicons, Open Graph images, and profile names and avatars). We use this material only to identify the product or profile listed on whobetter.lol, to show visitors where a paid rank leads, and to operate, audit and improve the Service.

Where United States law applies, this display is nominative fair use of trade marks and copyrighted material: we use only what is needed to identify the destination, we do not use it as our own brand, and we do not imply sponsorship or endorsement by the rights holder unless the person listing is the rights holder. Where European or German law applies, we use third-party names and marks only to identify the listed goods, services or account; this implies no connection with or approval by the rights holder.

whobetter.lol, our word mark and the look and feel of the Service belong to us. You may not copy the Service, scrape the board for a competing ranking product, or use our brand in a way that suggests we endorse you. X and other third-party names remain the property of their owners.

The licence you grant us

You grant us a worldwide, non-exclusive, royalty-free licence to host, cache, reproduce, adapt (for sizing, formatting and ranking display) and publicly display the listing and the public metadata we fetch, for as long as needed to operate, promote and archive the Service. You also grant visitors the right to see that listing on the Service. If you want a listing removed, email info@whobetter.lol. Removal does not reverse a completed payment.

Complaints and rights notices

If you believe a listing infringes your copyright, trade mark, publicity rights or other rights, or that a listed site is unlawful, email info@whobetter.lol with: (1) your name and contact details; (2) the listing URL or product page on whobetter.lol; (3) the destination URL or account link; (4) a description of the problem; and (5) a statement that the notice is accurate and that you are the rights holder or authorised to act. We may remove or restrict the listing while we review the notice. We may share the notice with the person who listed. Repeated or abusive notices may be ignored.

No endorsement or earnings claims

A product being listed is not our opinion of it. We do not verify listed companies, claims, prices or results. Social-proof posts and click or visitor counts describe what some people reported or our systems recorded; they are not a promise that you will get the same result. Your results depend on your bid, your destination, your timing and factors outside our control.

Links from our Service to listed sites or social media accounts leave whobetter.lol. Those sites have their own terms and practices; we are not responsible for them. Some outbound links are marked as sponsored.

Availability and changes

We provide the Service as is. It may be unavailable, slow or faulty. We may change ranking rules, minimums, categories or these Terms. If a change is material, we will update the date at the top of this page. Continuing to use the Service after a change means you accept the new Terms. For a payment already completed, the Terms in force at checkout continue to apply, unless the law requires otherwise or a change is needed to address a security or legal risk.

Disclaimers

To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, or that listings, names, images, ranks or click counts will be accurate or complete.

Limitation of liability

We do not limit liability that cannot be limited under applicable law, including intent, gross negligence, injury to life, body or health, or liability under mandatory product liability rules. Subject to that:

• We are not liable for lost profits, lost data, lost reputation, substitute services or other indirect, incidental, special or consequential damages.
• In cases of slight negligence, we are liable only for breach of obligations essential to these Terms and foreseeable, and only for typical, foreseeable damage.
• Our total liability for a claim relating to a payment is limited to the amount you paid us for the listing in question in the three months before the claim.

Indemnity

You will defend, indemnify and hold harmless whobetter.lol and the people who work on the Service against claims, damages, losses and reasonable legal fees arising from your listing, your destination site or profile, your payment or chargeback, your breach of these Terms, or your infringement of someone else's rights. We may take over the defence of a claim; you will cooperate.

Governing law

These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules. If you are a consumer protected by mandatory local law that cannot be set aside, that law continues to protect you. If you are not a consumer, the courts at our seat in Germany have exclusive jurisdiction to the extent permitted.

General

• If part of these Terms is unenforceable, the rest stays in force and the invalid part is replaced by a valid provision closest to the original intent.
• Our not enforcing a provision is not a waiver of it. You may not assign these Terms without our permission; we may assign them in connection with a transfer of the Service.
• These Terms, the Rules, the Privacy Policy and the checkout details you confirmed form the entire agreement for the Service.
• Hosting, identity lookups and analytics involve third parties. Their outages or decisions are outside our control.

Questions

You can reach us at info@whobetter.lol.