Terms of Service: These Terms of Service (the "Terms") govern your use of the kellycriterion.com web app (the "App") and any associated services (the "Services"). By using the App or Services, you agree to be bound by these Terms.
Ownership: Vesten Labs LLC and/or its third party data providers own and have copyright on the App and its contents. You may not use any content on the App for any commercial purpose without the express written consent of the App owner.
Acceptance of Terms of Service: By using this App, you agree to be bound by these terms of service and all terms and policies incorporated by reference.
Modification of these Terms: We reserve the right to modify these terms of service at any time. Any changes will be effective immediately upon posting the revised terms on the website. You may receive a notification of major changes if your email address is on file or through the App. Your continued use of the App after any changes have been made constitutes your acceptance of the revised terms.
Subscription and Fees: Use of the App may require a subscription fee. You may cancel your subscription online at any time from the account dropdown menu on the account icon. Subscription fees are subject to change at any time. If you do not pay your subscription fee, your access to the app may be suspended or terminated. There may be a free trial period, after which you will be charged the subscription fee. You may cancel your subscription at any time during the free trial period and you will not be charged.
Use of App: You agree to use the App only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the App by, any third party. You will not use any automated process to access the materials available through the App. Subscriptions shall not be shared or used by more than one individual.
Data sources: The bulk of third party data is provided by Financial Modeling Prep. We reserve the right to change data sources at any time. We make every effort to ensure that the information on the App is accurate and up-to-date. However, we cannot guarantee that the information is always accurate or complete. We are not responsible for any losses or damages caused by your reliance on the information on the App.
Data redistribution: A subscription does not grant you the right to redistribute or resell the data in the App.
Due diligence: The information on the App is for informational purposes only and is not intended to be a recommendation to buy or sell any security. Keep in mind the outputs from the models used by the App are highly sensitive to the inputs provided. You should do your due diligence before making any investment decisions.
Disclaimer of Warranties: The App is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included on the App.
Limitation of Liability: We will not be liable for any damages of any kind arising from the use of the App, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Indemnification: You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App, your violation of these terms of service, or your violation of any rights of another.
Disputes: Any dispute relating in any way to your use of the App shall be submitted via the PayPal resolution center.
Termination: We may terminate your account or your access to the App or Services for any reason, including if you violate these Terms.
Entire Agreement: These terms of service constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these terms of service is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect. The failure of either party to exercise any right or remedy under these terms of service shall not constitute a waiver of that right or remedy.