Terms of Use & Risk Disclosure

1. Acceptance of these terms

These Terms of Use and Risk Disclosure (“Terms”) form an agreement between you and the operator of WhenEarnings (“WhenEarnings,” “we,” “us,” or “our”). By accessing, browsing, or using whenearnings.com, its pages, data, tools, or related services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, do not use the Service.

2. Informational service only — no advice

The Service is provided solely for general informational, educational, and research purposes. Nothing on the Service is investment, financial, trading, legal, tax, accounting, or other professional advice; a recommendation or endorsement; an offer or solicitation to buy, sell, hold, or trade any security, option, derivative, or other instrument; or a representation that any investment or strategy is suitable for you.

WhenEarnings does not act as your broker, dealer, investment adviser, commodity trading adviser, fiduciary, attorney, accountant, or tax adviser. Your use of the Service does not create an advisory, fiduciary, professional, client, agency, or similar relationship. Consult appropriately licensed professionals who can evaluate your objectives, finances, experience, and risk tolerance before acting.

3. Securities and derivatives risk

All investing and trading involves risk. Prices can move rapidly, liquidity can disappear, and you may lose some or all of the capital committed. Options and other derivatives involve additional risks, including leverage, volatility, time decay, assignment, exercise, settlement, and the possibility that certain positions lose more than their initial cost. Options are not suitable for all investors.

Trade only with capital you can afford to lose. Historical returns do not predict future results. Backtests are hypothetical, may rely on assumptions and incomplete data, and do not represent actual trading. Estimates, consensus figures, relevance rankings, implied volatility, and implied-move calculations are uncertain and do not guarantee any outcome.

Before trading options, review the Options Clearing Corporation’s Characteristics and Risks of Standardized Options.

4. Your decisions and responsibilities

You are solely responsible for evaluating information, confirming its accuracy, deciding whether and how to trade, selecting order types and position sizes, and understanding all economic, legal, regulatory, and tax consequences. You assume all risk arising from decisions made or actions taken in reliance on the Service. Always verify material information with issuers, SEC filings, exchanges, your broker, and other authoritative sources before acting.

5. Data limitations and no reliance

Earnings dates, release sessions, prices, volume, market capitalization, company identifiers, logos, rankings, estimates, and other information may come from public or third-party sources. Data may be delayed, stale, incomplete, duplicated, incorrectly mapped, unavailable, or inaccurate. Companies may change or cancel scheduled releases without notice. Derived values may contain methodological, calculation, or display errors.

We do not warrant that the Service is comprehensive, current, precise, uninterrupted, secure, or suitable for any particular purpose. We have no obligation to update, correct, preserve, or continue any data, feature, ranking, source, or availability. You should not use the Service as the sole basis for any investment or trading decision.

6. Third-party services and content

The Service may display or link to information, logos, websites, APIs, or services supplied by third parties. Those parties control their own content and practices. A link, logo, or data reference does not imply affiliation, sponsorship, endorsement, or verification. We are not responsible for third-party content, availability, accuracy, security, terms, or privacy practices.

7. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, DATA, TOOLS, AND FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, RELIABILITY, SECURITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHENEARNINGS AND ITS OPERATORS, OWNERS, AFFILIATES, CONTRIBUTORS, LICENSORS, DATA PROVIDERS, SERVICE PROVIDERS, AND THEIR RESPECTIVE PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, TRADING LOSSES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES; OR ANY LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, RELIANCE ON DATA, DATA ERRORS OR OMISSIONS, SECURITY INCIDENTS, THIRD-PARTY CONDUCT, OR TRANSACTIONS YOU ENTER — REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by law, the aggregate liability of WhenEarnings and the parties listed above for all claims arising out of or relating to the Service or these Terms will not exceed the greater of US$100 or the amount you paid directly to WhenEarnings for the Service during the twelve months before the event giving rise to the claim.

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In those jurisdictions, these provisions apply only to the fullest extent permitted by law. Nothing in these Terms excludes liability or rights that cannot legally be excluded or waived.

9. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless WhenEarnings and its operators, owners, affiliates, contributors, licensors, data providers, service providers, and their respective personnel from claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to your misuse of the Service, your violation of these Terms or applicable law, or your infringement of another person’s rights.

10. Acceptable use

You may not use the Service to violate law or another person’s rights; interfere with, damage, overload, probe, or circumvent the Service or its security; introduce malicious code; misrepresent the Service or its data; or remove proprietary notices. Access may be limited or terminated at any time, with or without notice.

11. Changes to the Service and these Terms

We may change, suspend, or discontinue any part of the Service at any time. We may update these Terms by posting a revised version and effective date. Your continued use after an update constitutes acceptance of the revised Terms to the extent permitted by law.

12. General terms

These Terms constitute the entire agreement concerning your use of the Service and supersede prior statements on that subject. If a provision is held unenforceable, it will be modified only to the minimum extent necessary, and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver. Headings are for convenience only.

To the extent permitted by law, any claim arising from the Service must be commenced within one year after the claim arose, or it is permanently barred.