Terms of Service

Last Updated: February 16, 2025

1. Agreement to Terms

By accessing or using Earnings Summarizer ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

Service Provider:
Earnings Summarizer
5935 Linda Vista Rd Apt 2405
San Diego, CA 92110-7407
Email: support@earningsummary.com

2. Description of Service

Earnings Summarizer is an AI-powered document summarization tool that analyzes SEC 10-Q earnings reports and generates plain-text summaries. The Service provides automated summaries for informational and educational purposes only.

3. Important Disclaimers

FINANCIAL INFORMATION DISCLAIMER:
The Service provides automated AI-generated summaries of publicly available SEC filings. These summaries are for informational and educational purposes only and do NOT constitute financial, investment, legal, or tax advice.

You acknowledge and agree that:

• Our AI-generated summaries may contain errors, omissions, or inaccuracies
• Summaries are based on automated analysis and should not be solely relied upon
• You must read original SEC filings before making any decisions
• You should consult with qualified financial advisors, attorneys, or accountants before making investment or business decisions
• Past performance information in filings is not indicative of future results
• We make no representations or warranties about the accuracy, completeness, or reliability of our summaries
• You use our summaries entirely at your own risk

4. User Account

4.1 Registration

You must create an account to use the Service. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or any reason at our sole discretion.

5. Subscription and Payment

5.1 Pricing

The Service is offered on a subscription basis at $2.99 per month. Pricing is subject to change with 30 days' notice.

5.2 Billing

• You will be billed monthly on a recurring basis
• Payment is processed through our third-party payment processor
• You authorize us to charge your payment method for all fees incurred
• Subscriptions automatically renew unless cancelled

5.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

5.4 No Refunds

All payments are non-refundable. We do not provide refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active account.

6. Service Usage and Limitations

6.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to the Service
• Use automated systems to access the Service beyond normal usage
• Reverse engineer or attempt to extract source code
• Resell or redistribute summaries generated by the Service
• Upload malicious files or content that violates third-party rights

6.2 Rate Limits

We implement daily rate limits to ensure service reliability. Excessive usage may result in temporary restrictions or account suspension.

6.3 Content Ownership

• You retain ownership of any documents you upload
• We do not store uploaded PDF documents after processing
• Summaries generated are provided to you for your personal use
• We retain the right to use anonymized, aggregated data to improve the Service

7. Intellectual Property

7.1 Service Ownership

The Service, including all content, features, and functionality, is owned by Earnings Summarizer and is protected by copyright, trademark, and other intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal use in accordance with these Terms.

8. Third-Party Services

The Service uses third-party services including:

• OpenAI for AI processing
• Payment processing services
• Database and hosting providers

Your use of the Service may be subject to these third parties' terms and privacy policies. We are not responsible for third-party services.

9. Disclaimers and Limitation of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Warranty of Accuracy

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT SUMMARIES WILL BE ACCURATE, COMPLETE, OR RELIABLE.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EARNINGS SUMMARIZER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (MAXIMUM $35.88).

10. Indemnification

You agree to indemnify, defend, and hold harmless Earnings Summarizer and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any investment or business decisions you make based on summaries

11. Dispute Resolution and Arbitration

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

11.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

11.3 Class Action Waiver

YOU AND EARNINGS SUMMARIZER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Arbitration Procedures

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator's decision will be final and binding.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on the Service
• Sending an email to your registered email address
• Displaying a notification on the Service

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Termination

13.1 By You

You may terminate your account at any time by cancelling your subscription.

13.2 By Us

We may suspend or terminate your access to the Service immediately, without prior notice, for:

• Violation of these Terms
• Non-payment
• Fraudulent or illegal activity
• Any reason at our sole discretion

13.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• You will not be entitled to any refund
• Provisions that should survive termination will remain in effect

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Earnings Summarizer regarding the Service.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms. We may assign our rights to any affiliate or successor.

15. Contact Information

For questions about these Terms, please contact us at:

Email: support@earningsummary.com
Address: 5935 Linda Vista Rd Apt 2405, San Diego, CA 92110-7407

By using Earnings Summarizer, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.