TERMS OF SERVICE

EarningsCall LLC
5900 Balcones Drive Ste 100
Austin, TX 78731

Welcome to the website of EarningsCall LLC located at EarningsCall.biz, (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our website and hereinafter "You" or "Your") for visiting Our website and considering Our products and services.

Upon registration, by checking the registration box which states “By checking the registration box below You agree to the EarningsCall.biz Terms of Service, Our Privacy Policy, and the use of cookies as described in Our Privacy Policy”; You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.

PRIVACY POLICY

Our Privacy Policy is located at https://earningscall.biz/privacy and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.

USER NAME AND PASSWORDS

You hereby agree that You are responsible for all actions taken under Your User Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.

OUR SERVICES

Welcome to EarningsCall.biz – Our mission is to bridge the gap between raw financial data and actionable insights. In the fast-paced world of finance, timely and accurate information is critical. We strive to deliver advanced solutions that help you stay ahead of the curve, whether you’re an investor looking for the next big opportunity, a business aiming to understand market trends, or an analyst seeking deep insights.

We offer the following services: (1) EarningsCall API, (2) Mobile Application, and (3) EarningsCall Website.

TRADEMARKS

We hereby claim EarningsCall.biz™, and the Earnings call logo to be trademarks of Our company.

COPYRIGHT

As indicated by the notice on the bottom of Our Home Page, We claim a copyright to the contents of this website.

WARRANTIES

OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.

INDEMNIFICATION

You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law nor will you use any automated means to copy data from Our website. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.

FORCE MAJEURE

We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.

ASSIGNMENT

You may not assign the rights or obligations under this Agreement.

INTENDED FOR ADULT USERS

We do not intentionally collect Personal Information from people who have not yet reached the age of majority in their jurisdiction. If you have not yet reached the age of majority in Your jurisdiction please leave our site immediately.

ENTIRE AGREEMENT

Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.

DISPUTES

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at info@earningscall.biz prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. This Agreement and Your use of Our web site are governed by the laws of the State of Texas, and the courts of general jurisdiction located within Travis, County, Texas, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement. Finally, Our total liability arising out of or relating to these terms is limited to the greater of $1,000.00 or 125% of the fees that You paid to use the relevant services in the 12 months before any loss.

SEVERABILITY

If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

HEADINGS

The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

AGREEMENT UPDATES

This Agreement is effective as of January 14, 2021. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.

EARNINGSCALL API

By accessing or using the EarningsCall API (hereinafter referred to as the “API”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the API.

FAILURE TO PAY

Failure to pay may result in the termination of your subscription. You may cancel or suspend your Paid Services by navigating to the subscription page then clicking on the cancel button. We do not guarantee refunds for lack of usage, dissatisfaction, or any other reason. All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. EarningsCall plan purchases are non-refundable.

RIGHT TO TERMINATE

We may terminate or suspend your access to the API at any time, with or without cause or notice, including without limitation for any violation of these Terms.

ACCOUNT SECURITY

Sharing your account login information or API Key with any other individuals or entities, or allowing them to use the Services, is strictly forbidden. You are fully responsible for the actions and omissions of anyone who has access to or uses any Customer Application. You agree to take reasonable precautions to prevent unauthorized access to or use of the Services and to promptly notify us of any unauthorized use. We shall not be liable for any losses or damages resulting from unauthorized use of your EarningsCall account. You are solely responsible for procuring, installing, and maintaining all hardware, software, third-party applications, and other requirements necessary for you and each End User to connect to, access, and use the Services, at your own expense.

USAGE LIMITS

Your use of the API is subject to certain limitations on access, calls, and usage as set forth by Us. These limitations may be updated from time to time and are designed to protect the performance and availability of the API. Access to the Data and Earnings Call APIs will be specified in the applicable Subscription or Order Form. Customers will be rate-limited to a specific volume of requests to the EarningsCall APIs and Data, as detailed in the applicable Order Form or specified on the pricing page if directly subscribed without an order form.

ABUSE OF THE API

The Company reserves the right, at its sole discretion, to suspend or terminate the User’s access to the API if it determines that the User or Customer is misusing the API. Examples of misuse include, but are not limited to, excessive bandwidth consumption, attempts to access confidential data with malicious intent, and utilizing the API for illegal activities. The User acknowledges that the Company shall not be liable for any damages, losses, or costs resulting from the suspension or termination of API access.

PERSONAL/INDIVIDUAL USE OF EARNINGSCALL API

We offer two separate pricing tiers for the API: Individual and Commercial. For users who select an Individual plan, the API is intended for personal, non-commercial use only. These Customers may not share Earnings Call Services or Data, resell, permit other users access to our Services through the Customer’s account, or use the Services to host, share, display, or provide content for others.

RESTRICTIONS

Customer shall comply with, Customer shall not, and shall not permit its clients to: (i) resell, sublicense, distribute or otherwise provide access to The Services, or data or information contained in or derived from The Services, to any third party or use The Services outside the scope of the license granted herein; (ii) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile The Services or otherwise attempt to discover any source code or trade secrets related to The Services; or (iii) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with The Services for any purpose without the express written consent of EarningsCall.

COMMERCIAL USE

For the purposes of these terms of service "Commercial Use" refers to, but is not limited to, the following activities:

Association with Business or Commercial Entities: Any association with a company, organization, or non-personal domain, including but not limited to being an employee, contractor, representative, or having any affiliation suggesting a connection with a business or commercial entity.

DATA DISPLAY

Without a specific agreement with EarningsCall, customers are prohibited from displaying EarningsCall Services or Data on any platform, including but not limited to websites, blogs, software products, or applications designed for use by multiple individuals.