Terms of Service

By accessing or using the Earnest platform and any related services (the "Service"), you agree to be bound by these Terms of Service ("Terms"), which include our privacy and security commitments set out below. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree, do not use the Service.

Earnest is a data-entry and calculation tool for sales compensation. You input information — rep names, quotas, revenue figures, compensation plan parameters — and the Service performs arithmetic on that information and displays the results. Think of it as a purpose-built spreadsheet for commission math.

• You must provide accurate and complete registration information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account.
• You must be at least 16 years old to create an account.
• One person or entity may maintain only one organization account. Creating duplicate organizations to circumvent plan limits is prohibited.

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable law.
• Attempt to reverse engineer, decompile, or disassemble the Service.
• Introduce malicious code, viruses, or any other harmful technology.
• Interfere with or disrupt the integrity or performance of the Service.
• Access accounts or data belonging to other users or organizations without authorization.
• Use automated tools (bots, scrapers) to access the Service except through our published APIs.
• Resell, sublicense, or redistribute the Service without our prior written consent.
• Upload data that you do not have the right to process, or data that violates the privacy rights of any third party.

You retain all rights, title, and interest in the data you upload or input into the Service ("Customer Data"). Your data is yours. We do not claim ownership of it.

By using the Service, you grant us a limited, non-exclusive license to process your Customer Data solely to provide the Service to you — meaning to store it, run calculations on it, and display the results back to you.

• We will not access your Customer Data except as necessary to operate the Service, provide support you request, or comply with law.
• We will never sell your Customer Data.
• We will never use your Customer Data to train machine-learning models or share it with third parties for their own purposes.
• You are responsible for the accuracy, quality, and legality of your Customer Data.
• Upon termination, you may request an export of your Customer Data for up to 30 days after account closure.

• The free tier ("Starter") includes up to 5 active users at no cost.
• Paid plans are billed monthly at the rates published on our pricing page.
• Fees are non-refundable except where required by applicable law.
• We may change pricing with 30 days' prior notice. Price changes take effect at the start of your next billing cycle.
• We reserve the right to suspend the Service for accounts with unpaid balances exceeding 15 days past due.

The Service — including its source code, design, features, and documentation — is owned by Earnest and protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

• We target high availability but do not guarantee uninterrupted access to the Service.
• We may perform scheduled maintenance with reasonable advance notice.
• We may modify, update, or discontinue features of the Service at any time.
• Material changes that reduce core functionality will be communicated with 30 days' notice.

9.1 Information You Provide

• Account Information: Name, email address, company name, and password when you register.
• Organization Data: Sales rep names, team structures, compensation plan parameters, order/revenue figures, and calculation results you enter or generate within the platform. This is your Customer Data as defined in Section 5.
• Payment Information: Billing details processed through our third-party payment processor (Stripe). We do not store full payment card numbers on our servers.
• Communications: Any information you provide when contacting support.

9.2 Information Collected Automatically

• Usage Data: Pages visited, features used, timestamps, and interaction patterns.
• Device Data: Browser type, operating system, IP address, and device identifiers.
• Cookies: Session cookies for authentication and preferences. We do not use third-party advertising or tracking cookies.

We use the information we collect to:

• Provide, operate, and maintain the Service.
• Perform commission calculations and generate reports based on data you provide.
• Authenticate users and manage access controls.
• Send transactional emails (account confirmations, security alerts).
• Respond to support requests.
• Monitor and analyze usage trends to improve the Service.
• Detect and prevent fraud, abuse, or security incidents.
• Comply with legal obligations.

We do not sell your personal information. We do not use your organization data to train machine-learning models or share it with third parties for their own commercial purposes.

We may share information only in the following circumstances:

• Service Providers: Third-party vendors who assist in operating the Service (hosting, payment processing, email delivery), bound by contractual confidentiality obligations. As of this writing, our primary sub-processors are Vercel (hosting), Stripe (payments), and Resend (transactional email).
• Legal Requirements: When required by law, regulation, legal process, or governmental request.
• Business Transfers: In connection with a merger, acquisition, or sale of assets, with notice to affected users.
• With Your Consent: When you have explicitly authorized the disclosure.

We retain your account and organization data for as long as your account is active or as needed to provide the Service. Upon account deletion, we will delete or anonymize your data within 90 days, except where retention is required by law (e.g., billing records for tax purposes).

Depending on your jurisdiction (including under the GDPR, CCPA, and similar laws), you may have the right to:

• Access the personal data we hold about you.
• Request correction of inaccurate data.
• Request deletion of your data.
• Object to or restrict certain processing.
• Export your data in a portable format (CSV).
• Withdraw consent where processing is based on consent.

To exercise these rights, contact us at privacy@earnestcomp.com. We will respond within 30 days (or as required by applicable law).

International Transfers

Your data may be processed in jurisdictions outside your country of residence (primarily the United States). We ensure appropriate safeguards are in place for international data transfers, including standard contractual clauses where required.

Children’s Privacy

The Service is not directed at individuals under the age of 16, and we do not knowingly collect personal information from children. If we become aware that we have collected data from a child, we will delete it promptly.

We take the security of your data seriously. Below are the technical and organizational measures we maintain. While no system is 100% secure, we are committed to industry-standard protections appropriate for a SaaS application handling compensation data.

14.1 Encryption

• All data encrypted in transit using TLS 1.2+.
• Data encrypted at rest using AES-256.
• Passwords hashed with bcrypt (salted, high work factor).
• Authentication tokens secured via signed, short-lived JWTs.

14.2 Access Control

• Role-based access control (Admin, Manager, Rep) within each organization.
• Organization-scoped data isolation — no cross-tenant data access by design.
• Session management with automatic expiration.

14.3 Infrastructure

• Hosted on enterprise-grade cloud infrastructure with SOC 2 certified providers.
• Point-in-time recovery for database backups.
• DDoS protection and web application firewalls.
• Environment isolation (development, staging, production).

14.4 Application Security

• Input validation and parameterized queries to prevent injection attacks.
• CSRF protection enforced on all state-changing operations.
• Content Security Policy headers enforced.
• Regular dependency auditing and vulnerability scanning.

14.5 Incident Response

• We maintain documented incident response procedures.
• We will notify affected users of confirmed security breaches impacting their data without unreasonable delay and in accordance with applicable law.
• Post-incident reviews and root cause analysis are conducted for all security events.

14.6 Vulnerability Reporting

If you discover a security vulnerability, please report it responsibly to security@earnestcomp.com. We will acknowledge receipt within 48 hours. Please do not publicly disclose vulnerabilities until we have had a reasonable opportunity to address them.

Please read this section carefully.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARNEST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Earnest is a calculation tool. All outputs are generated based on data and parameters that you provide. We do not guarantee the accuracy, completeness, or suitability of any calculation result for any particular purpose. You are solely responsible for reviewing and verifying all outputs before taking any action based on them, including but not limited to making payments to employees or contractors.

Nothing in the Service constitutes financial, tax, legal, or accounting advice. You should consult qualified professionals for such advice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARNEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

WITHOUT LIMITING THE FOREGOING, EARNEST SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (A) ERRORS IN COMMISSION CALCULATIONS CAUSED BY INACCURATE DATA YOU PROVIDE; (B) BUSINESS DECISIONS MADE IN RELIANCE ON THE SERVICE'S OUTPUTS; OR (C) OVERPAYMENT OR UNDERPAYMENT OF COMPENSATION BASED ON INFORMATION DISPLAYED IN THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO EARNEST IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold harmless Earnest and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Service; (b) your violation of these Terms; (c) your Customer Data; or (d) any payments or business decisions you make based on outputs generated by the Service.

• You may terminate your account at any time through the account settings or by contacting us.
• We may terminate or suspend your account for breach of these Terms with reasonable notice, or immediately for material breach.
• Upon termination, your right to use the Service ceases immediately.
• Sections 5 (Your Data), 7 (Intellectual Property), 9–13 (Privacy), 14 (Security), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), and 19 (Governing Law) survive termination.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

• Entire Agreement: These Terms constitute the entire agreement between you and Earnest regarding the Service, superseding all prior agreements and understandings.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent.
• Changes to These Terms: We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

Contact

For questions about these Terms, contact us at: legal@earnestcomp.com

For privacy-related requests: privacy@earnestcomp.com

For security vulnerability reports: security@earnestcomp.com