Terms of Service

1. Who we are

EarningsWatcher (“EarningsWatcher”, “we”, “us”), 60 rue François 1^er, 75008 Paris, France, operates the websites earnings-watcher.com and app.earnings-watcher.com and the research tools available through them (together, the “Service”).

2. Accepting these terms

These terms form an agreement between you and EarningsWatcher. By creating an account, subscribing, or otherwise using the Service, you agree to them. If you do not agree, do not use the Service.

They should be read together with our Risk Disclosure and Privacy Policy, which form part of this agreement.

3. Eligibility

You must be at least 18 years old and legally able to enter into a contract. You are responsible for ensuring that your use of the Service is lawful where you live.

4. Your account

You need an account to access paid features. Keep your credentials confidential; you are responsible for everything done through your account. Tell us promptly at support@earnings-watcher.com if you believe it has been used without your permission. Accounts are personal to you and must not be shared.

The information you give us on registration must be accurate, and you should keep it up to date.

5. Subscriptions, payment and cancellation

Fees and renewal

Paid plans are billed in advance, monthly or annually depending on the plan you choose, through our payment processor. Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. Lifetime plans are a single payment for access for as long as the Service is offered.

Cancelling

You can cancel at any time. Cancellation stops future renewals; your access continues until the end of the period you have already paid for. You can cancel from your account or by emailing us.

Refunds

Payments are non-refundable. We do not provide refunds or credits for partial periods, unused time, or periods during which you did not use the Service. This does not affect any rights you have under mandatory consumer law, including those described below.

Consumers in the European Union

If you are a consumer in the EU, you normally have 14 days to withdraw from a distance contract. Because the Service is digital content made available immediately, you are asked at checkout to consent to immediate performance and to acknowledge that you thereby lose that right of withdrawal once access begins. Where that consent has not been given, the statutory right applies.

Price changes

We may change our prices. Changes apply from your next billing period and we will give you reasonable notice by email beforehand, so that you can cancel before the new price takes effect.

Taxes

Prices are exclusive of any applicable taxes, which are added where required.

6. What EarningsWatcher provides

The Service provides research, data and educational material about options around company earnings. It does not provide investment advice. We are not a registered investment adviser and not a broker-dealer; we do not execute orders, hold client funds, or manage accounts.

Nothing in the Service is a recommendation or solicitation to buy or sell any security, and nothing is tailored to your circumstances. Simulated, paper and backtested results are hypothetical. Please read the Risk Disclosure, which explains these limits in detail.

We may add, change or withdraw features. We aim to keep the Service available but do not guarantee uninterrupted access, and we may carry out maintenance.

7. Licence and restrictions

Subject to these terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own individual or internal business purposes.

You agree not to:

• share your account or allow anyone else to use it;
• redistribute, resell, republish or otherwise make available data obtained from the Service, whether or not for payment;
• scrape, crawl or extract data by automated means except through interfaces we publish for that purpose, and within any limits we set;
• copy, modify, reverse engineer or create derivative works from the Service;
• use the Service unlawfully, or to infringe anyone's rights;
• interfere with the operation or security of the Service.

We may take action, including legal action, where we find data from the Service being redistributed or resold.

8. Market data

Market data, option quotes, earnings dates and company information come from third-party providers. We present them in good faith but cannot warrant that any figure is accurate, complete, current or timely, and data may be delayed. Third-party data remains subject to the rights of its providers, and your use of it through the Service is limited to what these terms permit.

9. Community access

Access to our Discord community is a complementary, at-will privilege. It is not a guaranteed part of any paid plan, and we may change, limit or withdraw it.

In the community you must behave respectfully, must not post other people's paid or copyrighted material, and must not solicit or promote without our permission. We may remove or ban anyone whose conduct we consider inappropriate, without prior notice or explanation. Removal from the community does not entitle you to any refund and does not affect your access to the rest of the Service.

10. Your content

You keep ownership of the content you create in the Service, such as journal notes, watchlists, recorded trades and profile text. You grant us a licence to host, store, reproduce and display it so that we can operate the Service and show it to the people you choose to share it with.

Content you publish to other members, including trades and leaderboard entries, is visible to them. You are responsible for what you post, and it must not be unlawful or infringe anyone's rights.

11. Intellectual property

The Service, and all software, text, data compilations, scores, models, designs and branding within it, belong to EarningsWatcher or its licensors and are protected by intellectual property law. These terms grant you a licence to use the Service, not ownership of any part of it.

12. Suspension and termination

You may stop using the Service at any time and cancel as described above. We may suspend or terminate your access if you breach these terms, if we are required to by law, or if we reasonably believe your use puts the Service or other users at risk. Where it is reasonable to do so, we will tell you why.

If we terminate your account for breach, no refund is due. Provisions that by their nature should survive termination — including sections 7, 11, 13, 14, 15 and 17 — continue to apply.

13. Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS OR TIMELINESS.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DATA, SCORE OR ANALYSIS WILL BE ACCURATE OR PRODUCE ANY PARTICULAR RESULT. YOU USE THE SERVICE, AND MAKE ANY TRADING DECISION, AT YOUR OWN RISK.

Nothing in this section limits rights you have as a consumer that cannot be excluded under the law that applies to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EARNINGSWATCHER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, TRADING LOSSES, LOSS OF DATA OR LOSS OF OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY TWELVE-MONTH PERIOD IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THAT PERIOD.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited — including consumers' mandatory rights under French and EU law.

15. Indemnity

You agree to indemnify us against claims, losses and reasonable costs arising from your breach of these terms, your unlawful use of the Service, or your infringement of a third party's rights. This does not apply to the extent the claim arises from our own breach or negligence, and, if you are a consumer, it applies only to the extent permitted by law.

16. Changes to these terms

We may update these terms. The date at the top shows when they last changed. If a change materially affects your rights, we will give you reasonable notice by email or in the Service before it takes effect. Continuing to use the Service after that means you accept the updated terms; if you do not, you may cancel.

17. Governing law and jurisdiction

These terms, and any dispute arising out of or in connection with them or the Service, are governed by French law.

The courts of Paris, France have jurisdiction, except that if you are a consumer you may also bring proceedings in the courts of the country where you live, and you keep the benefit of any mandatory protections of that country's law. Before going to court, we encourage you to contact us so we can try to resolve the matter; EU consumers may also use the European Commission's online dispute resolution platform.

18. General

These terms, with the Risk Disclosure and Privacy Policy, are the entire agreement between us about the Service. If any provision is found unenforceable, the rest continues to apply. Our not enforcing a provision is not a waiver of it. You may not transfer your rights under these terms without our consent; we may transfer ours in connection with a reorganisation or sale of the business, without reducing your rights.

19. Contact

EarningsWatcher, 60 rue François 1^er, 75008 Paris, France — support@earnings-watcher.com.