Terms of Service

Last Updated:  December 7, 2023

The following Website and Service Terms of Service (these “Terms”) govern your use of all web pages located within ebitday.com (collectively, the “Site”) and associated services. The Site is owned and operated by Ebitday ("Ebitday", "we", "our", or "us"). Access to and use of the Site is subject to your acceptance of all the terms and conditions contained herein, and all other operating rules, policies, and terms on the Site. Please note that these Terms are in addition to any other terms of service or separately executed agreement between you and Ebitday that govern your use of the software, products, services, content, tools, and market data provided by Ebitday (which, in the event of a conflict with these Terms and conditions, shall govern). If you do not agree to these Terms, do not use the Site or download any materials from it. If you do not agree to these Terms, or if you cannot remain in compliance with these Terms, you may not access or use the Site. If you are accepting these Terms on behalf of a legal entity other than yourself as an individual, including a business or a government body, you represent and warrant that you have full legal authority to bind that entity to these Terms.

1. License

As long as you are in compliance with these Terms and other applicable Ebitday policies, we grant to you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Site, and to access and receive services that are intended for public display or access. Any rights not explicitly granted to you in these Terms are strictly withheld and reserved by Ebitday. You agree that: (a) you will not copy or distribute any part of the Site or services in any medium without our prior written authorization, except as is necessary to your normal use of the Site; (b) you will not alter or modify any part of the Site other than is necessary to use the Site for its intended purposes; and (c) you will otherwise comply with these terms and all other applicable Ebitday policies.

2. Intellectual Property

Unless otherwise noted, product names, designs, logos, titles, text, images, audio, video, and other content within the Site are the trademarks, service marks, trade names, copyrights or other property of Ebitday ("Ebitday’s Intellectual Property") or its third party content providers (“Third Party Intellectual Property”). The “look” and “feel” of the Site (including color combinations, layout, design, and all other graphical elements) are protected by U.S. copyright and trademark law. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Ebitday’s Intellectual Property or Third Party Intellectual Property displayed on the Site without the written permission of Ebitday. All rights in and to the Site and its content are retained by Ebitday. You acknowledge and agree that the contents of the Site, including Ebitday’s Intellectual Property and Third Party Intellectual Property, are protected by the copyright laws of the United States and other foreign jurisdictions.

3. User Submissions

Any content, material, information, or other communication, including, without limitation, data, questions, comments, feedback, suggestions, or the like (collectively, the "Communications"), that you transmit or post to the Site will be considered non-confidential and non-proprietary. If you transmit or post any Communications to the Site, you grant Ebitday a world-wide, royalty free, fully paid, perpetual, irrevocable, and fully assignable, transferable and sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display, and otherwise exploit those Communications throughout the world in any form, media, or technology, whether now known or hereafter devised or developed. Ebitday will have no obligations in connection with any of the Communications, including, to the extent permitted by law, any obligation to retain or provide you with copies of your Communications or to guarantee any confidentiality with respect to your Communications. Furthermore, any Communications, including all data, images, sounds, text, and other things embodied therein, may be edited by or on behalf of Ebitday, may or may not be posted to the Site and may be used by Ebitday for any purpose, including, reproduction, disclosure, distribution, transmission, publication, broadcast and posting, all at the sole discretion of Ebitday. The Communications may be used by Ebitday for any and all commercial or non-commercial purposes including, but not limited to, developing, manufacturing, and marketing products using this information.

4. Linking to the Site

Subject to these Terms, you may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site may not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on the Site other than that as set out above, please contact support@ebitday.com.

5. Acceptable Use

You are prohibited from:

• Using the Site in any way that violates applicable laws or regulations;
• Using Ebitday content in a manner that competes with Ebitday products or could serve as a substitute to or otherwise diminish the value of any Ebitday product;
• Using Ebitday content on any site or in any way that could reasonably damage Ebitday’s brand or reputation, including on any site that demeans or harasses any person on the basis of that person’s immutable or protected characteristics, pornography sites, sites that violate any person’s intellectual property rights, or sites that engage in unlawful activity;
• Posting or transmitting to the Site any Communications that are unlawful, threatening, libelous, defamatory, obscene or pornographic or that would otherwise violate any law; 
• Posting or transmitting any Communications that could constitute or encourage conduct that would be considered harmful, fraudulent, infringing, offensive, illegal or give rise to civil liability; 
• Posting or transmitting any Communications that contain any viruses, worms, malware, Trojan horses or other harmful, destructive or contaminating content; 
• Posting or transmitting any unsolicited messages, promotions, advertising, or solicitations (like “spam”) or that is machine- or randomly-generated;
• Copying, modifying, publishing, transmitting, distributing, transferring, selling, creating derivatives of, or in any way exploiting, any material accessible through the Site not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated gathering or extraction tools, program, algorithm or methodology, unless you obtain Ebitday’s prior written consent; 
• Using the Site to advertise, market, sell or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly; 
• Using the Site in any way to violate the security or integrity of any network, computer or communications system, software application, or network or computing device or otherwise attempt to disrupt or tamper with Ebitday servers; 
• Modifying, adapting, translating, copying, reverse engineering, scraping, crawling, decompiling, or disassembling any portion of the Site; 
• Attempting to probe, scan, or test the vulnerability of a system or network of the Site or attempting to breach security or authentication measures without proper authorization; 
• Taking any action that imposes, or may impose, in Ebitday’s sole discretion, an unreasonable or disproportionately large load on our infrastructure,
• Attempting to gain unauthorized access to any of the Site or other accounts through hacking, password mining or other means; or 
• Using or encouraging, promoting, facilitating, or instructing others to use the Site in any matter not explicitly permitted under these terms.

6. Right to Monitor the Site

Ebitday has the right (but not the obligation) to monitor activity on the Site and investigate any violation of this Agreement or misuse of the Site. If you become aware of any violation of these Terms or misuse of the Site, you must immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. Ebitday will cooperate fully with any law enforcement authorities or court order requesting or directing Ebitday to disclose the identity of or help identify or locate anyone posting any information or materials. Ebitday further has the right (but not the obligation) to refuse or remove any Communications from this Site or terminate or deny access to and use of the Site for any reason. Ebitday is under no obligation to enforce these Terms on your behalf against another user. Ebitday reserves the right to take appropriate action in its sole discretion.

7. Links to Other Materials

The Site may contain links to the websites of third parties on which you may be able to obtain information or use services. The linked sites are not under the control of Ebitday, and Ebitday is not responsible for the content, including, without limitation, the truthfulness or accuracy of any statement or other content, of any linked site or any link contained in a linked site. Ebitday reserves the right to terminate any link or linking program at any time. Ebitday has not reviewed all the information contained in the linked sites and does not endorse the companies, products, or sites to which it links and reserves the right to note throughout the Site. If you decide to access any of the third-party sites linked to the Site, you do this entirely at your own risk.

8. Privacy

Ebitday’s use of any personal data provided by you through your access or use of the Site is governed by Ebitday’s Privacy Policy. By using and providing information to or through the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

9. References to Financial Assets

The Site contains information, including, without limitation, statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. References to any specific financial asset or investment advice of any kind do not constitute an offer to buy or sell financial assets and are not intended to constitute investment advice of any kind.  All services are self-directed tools intended to help investors create their own self-directed investment portfolios that fit their own needs.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ebitday, its third-party suppliers, and their respective directors, officers, employees, and agents from and against any and all claims, costs, liabilities and expenses (including attorneys’ fees) arising out of your use of the Site, including but not limited to your violation of these Terms. Ebitday reserves the right, at your expense, to control the defense of these claims. You agree not to settle any claims without Ebitday’s written consent. You agree to notify Ebitday immediately in writing of any claims. This defense and indemnification obligation will survive these Terms and your use of the Site.

11. Ordering, Subscriptions, and Subscription Period

11.1 Ordering. By executing one or more Order Forms under this Agreement or by signing up for a Ebitday account, Customer may obtain access to use proprietary Ebitday data and content (“Data”) through one or multiple application program interfaces or other delivery methods. Data and the Ebitday services and tools shall be collectively referred to as The Services (“The Services”). The specific Data and the Services made available to Customer are identified in the Pricing Page, Documentation, Order Form or in Customer’s Ebitday account. All use of the Services by Customer is subject to the terms and conditions of this Agreement and any applicable Order Forms.

11.2 Fees and Payment Terms. If you purchase any Services, through the Subscription Page or via an Order Form,we offer for a fee (“The Services”), you agree to pay the applicable fees for the Paid Services when due plus all related taxes. Unless otherwise denoted, all fees are assessed in U.S. dollars. You also agree that Ebitday and its third-party service providers providing payment processing services may store your payment information. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If you purchase a subscription to a Paid Service, you will be billed for your first month or year (for annual subscriptions) immediately upon purchasing or upgrading to a paid subscription account. Unless otherwise set forth on an applicable ordering document incorporating these Terms, the Services are billed in advance and are non-refundable.

11.3 Subscription Renewal and Upgrades

Your subscription account only renews upon payment received for the subsequent month or year. You shall retain access to such Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period. You agree to reimburse us for all collection costs and interest for any overdue amounts. At any point during your subscription, you can upgrade to a different subscription. You'll upgrade to your new subscription level immediately, and your account will be charged accordingly.

Failure to pay at the beginning of the new period will result in the termination of your subscription.  All sales are final and there are no refunds for lack of usage, dissatisfaction or any other reason.

11.4 No Refunds. All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. Ebitday plan purchases are non-refundable.

12. Platform Use and Restrictions

12.1 The Services License. 

Ebitday hereby grants to Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access the Data and Ebitday services specified in the Order Form or in Customer’s account during the Subscription Period for the purposes stated on the Subscription. Should the Subscription Period end, or should Customer decline to renew their Order Form, then Customer's license to the Services specified in the Order Form will be revoked.

12.2 Data License. 

Subject to the terms and conditions herein, Ebitday hereby grants the Customer limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or Ebitday authorized Site to view content and information, including Ebitday Data, and otherwise use the Services to the extent intended and permitted by the functionality thereof in sections 12.2.1 and 12.2.2.

Furthermore, without the prior written approval of Ebitday, the Customer may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services.

12.2.1 Personal Use: 

This license is personal to the Customer, and the Customer may not share Ebitday Services or Data, resell, permit other users access to our Services through the Customer’s account, or use the Services to host, share, display, or provide content for others. The Customer may not copy or download any content from the Services except with the prior written approval of Ebitday.

12.2.2. Commercial Use: 

For the purposes of these terms of service "Commercial Use" refers to, but is not limited to, the following activities:

Association with Business or Commercial Entities: Any association with a company, organization, or non-personal domain, including but not limited to being an employee, contractor, representative, or having any affiliation suggesting a connection with a business or commercial entity.

Data Collection and Analysis for Commercial Purposes: Collecting, aggregating, or analyzing data using Ebitday Services or Data for commercial purposes or to support commercial activities, including market research, business intelligence, or data-driven decision-making.

12.2.3 Public Data Display

Without a specific agreement with Ebitday, customers are prohibited from publicly showcasing Ebitday Services or Data on platforms including but not limited to websites, blogs, software products, or applications designed for utilization by multiple individuals, irrespective of whether such usage is complimentary or paid, and whether it pertains to internal or external organizational purposes.

12.3 Account Registration. In order to utilize Ebitday Services, you will need to create a Ebitday account. During the process of creating your account, you will be required to furnish your email address and establish a password. Your access to the Ebitday will be restricted to the public features until you successfully register for a Ebitday account.

When enrolling for a Ebitday account, it is mandatory that you provide accurate, up-to-date, and complete information about yourself as stipulated during the account creation procedure. You are responsible for maintaining the accuracy of this information over time. By enrolling for the Ebitday services, you acknowledge that any false information submitted during the registration and any actions carried out using a fabricated identity are your liability. It's recognized by the Customer that Ebitday accounts are safeguarded. You bear exclusive responsibility for all usage, whether authorized or not, of the Services through your Ebitday account.

Sharing your account login with any other individuals or entities, or enabling their usage of the Services, is strictly prohibited. Similarly, you hold complete responsibility for the actions and oversights of anyone granted access to, or utilizing, any Customer Application. You agree to adopt reasonable precautions to forestall unauthorized access or use of the Services and pledge to promptly notify us of any unauthorized usage. We shall not be held accountable for any losses or damages arising from unauthorized utilization of your Ebitday account. Procuring, installing, and maintaining all hardware, software, third-party applications, and other requisites necessary for you and each End User to connect with, access, and employ the Services will be your exclusive responsibility and cost.

12.4 Security of Account Credentials

Your account with Ebitday will grant you access to the Ebitday services and any other features that Ebitday might offer intermittently. Safeguarding your passwords is crucial, and you bear full responsibility for the use of your account, both by yourself and any third parties. All activities undertaken under your account are solely your responsibility, except for actions taken by Ebitday as outlined here. If you become aware of any unauthorized usage of your account or any security breach, you must promptly inform Ebitday.

12.5 Changes to the Services: Ebitday is consistently advancing its offerings to ensure an optimal user experience. You acknowledge and accept that the structure and characteristics of The Services provided by Ebitday could be altered periodically without prior notice. These modifications might include security updates, additional features, and other improvements. Alterations to The Services will be promptly applicable to all versions of The Services.

12.6 Restrictions and Account Usage

12.6.1 Restrictions

Customer shall comply with, Customer shall not, and shall not permit its clients to: (i) resell, sublicense, distribute or otherwise provide access to The Services, or data or information contained in or derived from The Services, to any third party or use The Services outside the scope of the license granted herein; (ii) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile The Services or otherwise attempt to discover any source code or trade secrets related to The Services; or (iii) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with The Services for any purpose without the express written consent of Ebitday.

12.6.2 Abuse of the site and services: The Company reserves the right to suspend or terminate User's access to the services at its sole discretion if the Company believes that the User and/or Customer is abusing the service. Examples of abuse include, but are not limited to, using excessive bandwidth, using malicious intent to gain access to private data, and using the service to engage in illegal activities. User agrees that the Company shall not be held liable for any damages, losses, or expenses that may arise from the suspension or termination of User's access to the site and services.

12.7 Customer Support. Ebitday will make The Services documentation available through its website. In addition, Ebitday will provide online support at support@ebitday.com.

12.8 Customer Security. Customer affirms that all locations where Ebitday data is stored have implemented industry-standard physical, technical, and administrative controls to ensure that Data is accessible only by Customer, Customer’s authorized agents, and/or Ebitday. Customer will notify Ebitday of the IP and domain aliases of any location where data is stored or processed. Ebitday reserves the right to audit any Customer owned domains to ensure security compliance.

13. General

If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. Except to the extent applicable law provides otherwise, these Terms set forward by Ebitday's parent company Freevestor LLC, any access to or use of the Site, will be governed by the laws of the State of Wyoming within the United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cheyenne, Wyoming. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive term or condition or any subsequent breach thereof. You may not assign or otherwise transfer your rights under these Terms to any party, including by operation of law. Ebitday may assign or otherwise transfer its rights under these Terms without condition. These Terms will be binding upon and will inure the benefit of the parties, their successors and permitted assigns.

14. Term of the Agreement

The term of this Agreement commences on the Effective Date and continues until all Subscription Periods, including any renewals thereof, have been terminated.

15. Charges, Payment, and Taxes

15.1 Fees

For Ebitday accounts who sign up on our website, you agree to pay in accordance with the rates listed on our pricing pages unless otherwise set forth in an Order Form between the parties.

15.2 Order Form Payment Terms. Should Customer enter into an Order Form, then Customer will be billed for use of The Services in accordance with the applicable Order Form. The pricing specified in an Order Form will be firm for the initial term of the Order Form. Ebitday may provide notice of an increase in pricing in advance of Subscription Period renewal.

15.3 Taxes. Fees do not include taxes and Customer shall pay, indemnify and hold Ebitday harmless from all applicable sales/use, gross receipts, value-added, GST or other tax on the transactions contemplated herein, other than taxes based on the net income or profits of Ebitday.

15.4 No Refunds. All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

16. Termination

Ebitday may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effectively immediately. If you wish to terminate these terms, or your user account (if you have one), you may simply discontinue using the Site. All provisions of these terms which by their nature should survive termination shall survive, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Modifications

Ebitday may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.