Terms of Use
Last updated: 2026-04-28
1. Agreement to these terms
These Terms of Use (the “Terms”) form a binding agreement between you and Upper Division Marketing (“we”, “us”) governing your use of Earnings Labs (the “Service”). By accessing or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. About the Service
Earnings Labs is a free, informational earnings dashboard for retail investors. It provides an earnings calendar, earnings call transcripts, estimate-vs-actual comparisons, analyst rating data, and related context. The Service does not require an account, does not process payments, and does not transact securities.
3. Eligibility
You must be at least 18 years old to use the Service, or have the consent of a parent or legal guardian. By using the Service you represent that you meet this requirement.
4. Acceptable use
You agree to use the Service only for lawful, personal, non-commercial purposes. Without our prior written permission, you will not:
- Scrape, crawl, or systematically download data from the Service through automated means
- Reverse engineer, decompile, or attempt to discover non-public APIs, rate limits, or source code
- Redistribute, resell, sublicense, or otherwise make the data available as a competing product or service
- Interfere with or disrupt the Service, including by sending abusive request volumes, denial-of-service attempts, or attempts to compromise our infrastructure
- Bypass, remove, or attempt to defeat any technical or rate-limiting measures we put in place
- Use the Service in any way that violates applicable law, infringes the rights of others, or breaches third-party agreements (including the data providers identified in Section 6)
- Frame, mirror, or otherwise present the Service in a way that misrepresents its source
5. Intellectual property
The Service's name, branding, design, code, copy, and the arrangement of content are owned by Upper Division Marketing and protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Service for personal, non-commercial use, subject to these Terms.
6. Underlying market data
The earnings estimates, actuals, transcripts, analyst ratings, and pricing data displayed on the Service are sourced from public filings and licensed third-party data providers, including Financial Modeling Prep. That underlying data remains the property of those providers and the original issuers. Your use of that data is also subject to those providers' terms. Nothing in these Terms grants you any right to use the underlying data outside the Service.
7. No investment advice
The Service is for informational purposes only. Nothing on the Service constitutes investment, legal, tax, accounting, or other professional advice, nor an offer or solicitation to buy or sell any security. Estimates, price targets, and analyst ratings are forecasts and opinions, not facts; transcripts may contain errors; data may be delayed, incorrect, or incomplete. Past performance does not guarantee future results. You are solely responsible for your investment decisions. You should conduct your own research and consult a licensed financial advisor before making any investment decision.
8. Service provided “AS IS”
To the maximum extent permitted by law, the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, and uninterrupted availability. We do not warrant that the Service will be free of errors, viruses, or harmful components, or that defects will be corrected.
9. Third-party content and links
The Service may link to or display content from third-party websites and services. We do not endorse, control, or take responsibility for third-party content, and your use of any third-party site is at your own risk and subject to that site's own terms.
10. Limitation of liability
To the maximum extent permitted by law, in no event will Upper Division Marketing, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service — even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, our aggregate liability to you for all claims arising out of or relating to the Service or these Terms will not exceed one hundred United States dollars (US $100). The Service is offered free of charge; this cap reflects the fact that you have not paid for access.
11. Indemnification
You agree to defend, indemnify, and hold harmless Upper Division Marketing and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the Service, or your violation of any law or third-party right.
12. Modifications to the Service
We may add, change, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
13. Modifications to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Material changes will be highlighted with a notice on this page for at least 30 days following the change. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
14. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, including for any violation of these Terms. Sections 5 (Intellectual property), 6 (Underlying market data), 7 (No investment advice), 8 (AS IS), 10 (Limitation of liability), 11 (Indemnification), and 15 (Governing law) survive termination.
15. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. You and we agree that any such dispute will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and we each consent to the personal jurisdiction of those courts.
16. Severability and entire agreement
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Service and supersede any prior or contemporaneous agreements on the same subject.
17. Contact
Questions about these Terms? Email privacy@earningslabs.com.