Terms of Use

Last Updated June 12th, 2020

We invite you to access our website at https://earnings.splycex.com and use the service, but please note that your invitation is subject to your agreement with these Terms of Use. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review the document carefully.

1. The Terms of Service
The Terms of Use constitutes a contract between SplyceX Earnings (referred to as SplyceX in the rest of this document) and you. The Terms include the provisions set forth in this document and in the SplyceX Earnings Privacy Policy and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Use” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do subscribe for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images and other data you choose to input, upload, or store in SplyceX (collectively, “Content”) and your personal information in accordance with our Privacy Policy.

2. Parties to the Contract
You, the Account Holder, are one party to this contract. An Account Holder (“Subscriber”) is the person or entity who is using the Service as a “Guest”, has signed in to use the Service using one of the supported mechanisms to sign-in (including social or explicit registration using email), or is a subscribed person or entity for one of the plans offered on the website. Note that If you are a subscribed to the paid SplyceX Earnings service please additionally review Section 7. Paid Services.

3. The SplyceX Earnings Service
The SplyceX Earnings service and website (or "Site") hosted or made available by SplyceX are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms.By agreeing to these Terms, all subscribers of the Service (including subscribers to the paid Service) understand and acknowledges the following:
* The Service analyzes publicly available or obtainable multimedia Content (such as quarterly earnings calls from stock exchange listed companies) and presents them to the subscriber of the Service with the sole purpose of making the content easily navigable and searchable with additional features that enable creation of annotations in form of notes and bookmarks and ability to share with other users of the service.
* The Service uses organically built and third-party software that uses techniques where it is impossible to claim a very high degree of accuracy of the results given the state of art.
* Note that the quality of results is impacted by several factors some of which maybe out of our control. While we continually strive to provide high quality results and account for these variations, the subscriber understands and acknowledges these limitations.
* Some of the techniques used are experimental and the results of such experimentation may not be accurate and reliable.
* Although the Service will continue to add new content, the service supports a limited set of such analyzed content and the subscriber understands that not all the desired content maybe available as part of the Service.
* We strive to bring the analyzed content mentioned above to our subscribers within one hour (as soon as 15 mins in some cases) of the content being publicly available. However, there may be some instances where circumstances beyond our control may result in delays. We will do everything we can to quickly correct such situations.Additionally review Section 11. Indemnity, Section 12. Disclaimer of Warranties and Section 13. Exclusion of Limitations.

4. Changes to the Terms
We reserve the right to amend these Terms as new features, technology, or legal requirements arise, so please check back from time to time. If we make a significant change, we’ll notify you and, where required, seek your consent.If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “Cancellation” and “Account Deletion” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms.

5. Your rights to the Service
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms.
5.a Your Data is Yours
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Splycex a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Splycex acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.

6. Our Rights
6.a. Content Right
While you own the Content you store within the SplyceX Service (subject to third party rights), you acknowledge and agree that SplyceX owns all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all SplyceX software deployed by you to enable capturing of Content originating outside the Service. Further, in order to enable Splycex to operate the Service, we must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the Service are not considered legal violations.
6.b. Intellectual Property Rights
In agreeing to these Terms, you also agree that the rights in the Service, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any SplyceX Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition. You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from SplyceX, please contact SplyceX to obtain written consent.
6.c Changes to the Service
We reserve the right to change the service at any time, including modifying, eliminating or discontinuing any content or features of the Service. You accept these changes if you continue to use the Site. We also reserve the right to charge for new or changed features of the service, with reasonable notice. You also acknowledge that a variety of SplyceX actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Splycex has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
6.d Right to Engage Third Parties
Splycex engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, Splycex may contract with third party payment processing. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information (Please see “Paid Service” section for more details)
6.e Right to Use Third-party Software
Splycex may from time to time include as part of the Service and Splycex Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software here and within the particular Splycex Software. Splycex expressly disclaims any warranty or other assurance to you regarding such third party software.
6.f. Ideas and suggestions
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Splycex through the “Contact Us/Feedback,” or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: 1) your Contributions do not contain confidential or proprietary information; 2) Splycex is not under any obligation of confidentiality, express or implied, with respect to the Contributions; 3) Splycex shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; 4) Splycex may have something similar to the Contributions already under consideration or in development; 5) your Contributions automatically become the property of Splycex without any obligation of Splycex to you; and 6) you are not entitled to any accounting, compensation or reimbursement of any kind from Splycex under any circumstances.

7. Paid Services
You agree to receive electronically all communications, agreements, and notices that we provide in connection with any SplyceX product or service (“Communications”), including by e-mail or by posting them on the SplyceX website or through any Splycex service or product. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7.a. Auto renewal
Splycex accepts certain credit cards as payment method for Paid Services (each, an “Accepted Payment Method”). When you purchase with an Accepted Payment Method, the fees for your Paid Service will be billed on or near the date of your purchase. If you purchase a Paid Service subscription that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle), on or near the calendar day corresponding to the commencement of your Paid Service subscription, as applicable. See “Cancellations” below for information on how to cancel a Paid Service subscription. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your purchase, and to use the email address submitted by you to provide you with notices and disclosures relating to renewals and recurring charges. If your Paid Service subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), Splycex will process your payment on or near the last day of such month. (This is what we mean by paying on an auto-renewal basis.) See below for information describing what you must do to change your Accepted Payment Method.
7.b. Credit card information not saved
We do not store your credit card information but pass it on directly to payment processing firm that processes your subscriptions. We only save the email address you use for payments, the last 4 digits of the credit card (so we can provide you with that information in your profile), and the status of your subscription.
7.c Promotional codes
Splycex may from time to time make available promotional codes that are redeemable for a specified Paid Service for a fixed period of time (individually, a “Promotional Code” and collectively, “Promotional Codes”) We use the term “Promotional Subscription” to describe the specific subscription to a Paid Service obtained with the Promotional Code and the term “Promotional Period” to describe the duration of a Promotional Subscription. A Promotional Code may specify an expiration date (“Expiration Date”), after which such Promotional Code shall be void. These promotional codes shall be available only through links (web URLs) and we are under no obligation to accept an expired or otherwise invalid or void Promotional Code. In order to obtain a Promotional Subscription, you must be a registered Account Holder of the SplyceX Earnings Service and use the online registration redemption processPromotional codes are valid only for new subscribers. We may make some promotional codes available to existing paid subscribers. However, since your account already has an active Paid Service subscription, there may be limitations associated with your ability to use the promotional code. In such cases you can call our “Customer Support” to address the situation.
7.d. Changes to payment methods
You are responsible for ensuring that your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date. You may change this information at any time on the website at “My Profile”.
7.e. Cancellation
A paid subscription can be canceled online at our website. We do not offer any refunds. A cancellation would be effective at the expiration of your then current billing cycle.
7.f. Changes in fees
We may change the price of any Paid Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring subscription fees. Any increase in charges for the same Paid Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Paid Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Paid Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle. See “Cancellation & Refunds” below for information on how to cancel a Paid Service subscription.
7.g. Costs of collections; credit card chargebacks
In addition to the published fees for a Paid Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.If you purchase a Paid Service subscription with a credit card and then subsequently request your credit card issuer to reverse that payment, Splycex is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional Content to your Splycex service account until such time as you reimburse us the amount of the fee we were charged by the card issuer.
7.h. Service Changes modifications and interruptions
If you are a subscriber to Splycex’s paid version of the Service ( “Paid Service”) and find that any modifications, eliminations or discontinuation of any content or feature of the service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service or cancel your service online. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the changes, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund portion of your Paid Service, as we determine appropriate or as may be required by applicable law.

8. Important Securities Disclaimer
You understand that no content published on the Site constitutes a recommendation that any particular security is suitable for any specific person.All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

9. No Investment Recommendations or Professional Advice
The Service is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by SplyceX. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

10. User Conduct
Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.In order to access the services of the Site, you will have to create an account. By creating this account you agree to the following:
* You may only maintain a single account;
* You may not share your account user name or password or knowingly provide or authorize access to your account (including without limitation a "Subscription", as defined below in Section 20);
* You may never use another user's account without permission;
* When creating your account, you must provide accurate and complete information;
* You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
* You must notify us immediately of any breach of security or unauthorized use of your account.
You will be liable for any use made of your account or password and the losses of SplyceX or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.SplyceX has the right to terminate your access to the Site, in its sole discretion.

11. Indemnity
You agree to indemnify and hold SplyceX, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

12. Disclaimer of Warranties
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
12.a. YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.
12.b. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPLYCEX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.c. SPLYCEX DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
12.d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
12.e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPLYCEX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPLYCEX, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF SPLYCEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR SPLYCEX POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) SPLYCEX’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

13. Exclusion of Limitations
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Termination
You understand and agree that SplyceX may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to breaches or violations of the Terms of Use or other agreements or guidelines.