Terms of Service
These Terms govern your use of Filincal — this website, the web app, the API, and the Filincal apps for iPhone, iPad and Android — which Premsan Inc (“Premsan”, “we”, “us”) operates. By creating an account or using Filincal you agree to them. If you are a consumer, nothing here takes away a protection the law of the place you live gives you and does not let you waive.
1. The service
Filincal helps you read what US public companies file with the Securities and Exchange Commission (the SEC). You find a company by its name or ticker and see the filings it made on EDGAR, the SEC’s filing system; when you open one, Filincal reads it from EDGAR and shows it as it was filed. An assistant explains a filing, or a passage of it, in your language and in terms of what you already know, compares the figures companies reported, and answers your questions about them. You keep what you take from filings as notes, filed under the companies they are about. Your notes and your conversations are kept in your account, where you see them in the web app and the phone app, so using Filincal needs a connection. Its features may change over time.
Filincal is software for reading filings. It is not a broker, an investment adviser, an analyst or a research service, and it gives no investment, legal, tax or accounting advice: nothing in it rates a security, recommends buying, selling or holding one, or predicts a price or a return.
Filincal is independent of the SEC: the SEC does not operate, endorse or support it, and the SEC’s own terms govern EDGAR.
2. Your account
One person, one account. Keep your password to yourself; you are responsible for what happens under your account, and you should tell us promptly if you think someone else has gained access to it.
3. Age
You must be at least 16 to use Filincal, or older if the law where you live sets a higher age for agreeing to terms like these on your own.
4. Your content and the filings
Your notes, your memories and your messages are yours. What you put in them you must have the right to put there, and if they hold personal data about other people, you are the one responsible to them for it.
You give us a licence to store them, to search them for you, to send your messages, your photos and what the assistant reads to the model that runs the assistant when you use it, and to show all of it back to you, and for nothing else. We do not use your notes, your memories or your conversations to train models, and we never publish them.
A filing is a public document the company filed with the SEC. When anyone using Filincal first opens a filing, Filincal fetches it from EDGAR and keeps one copy of it, as the SEC published it, which every account then reads; the original is always linked on the SEC’s site.
The assistant can misread a filing, and what it writes can be wrong, even when the figures and quotations in it were found in the filing; check what matters against the filing itself before you rely on it. What the assistant writes is generated text to help you read, not advice of any kind, and a decision you make with it is yours.
5. The subscription
Filincal is sold as a monthly subscription. Its price is shown before you pay, at the checkout on the web or by the App Store or Google Play in the app. You can start free, and nothing is charged while you do; the free use is limited, and once it ends, the assistant requires a subscription. Without one, nothing is deleted: you can still find companies, read their filings, and read and edit your notes.
A subscription bought on the web renews each month until you cancel it, which you can do at any time under Plan in Settings in the web app; it stays active until the end of the month you paid for, and nothing is charged after it. A subscription bought in the app is taken by the App Store or Google Play, renews under the store’s rules, and is cancelled in the store’s own subscription settings.
If you bought on the web and change your mind within 14 days of your first payment, write to us and we will refund it. A subscription bought in the app was taken by the App Store or Google Play, and a refund of it follows the store’s own policy and process. We may change the price; we will tell you before a change reaches you, and a change never applies to a month you have already paid for.
Stripe is the seller of record for a subscription bought on the web: Stripe takes the payment, and collects and pays over whatever sales tax, VAT or consumption tax your country charges on it — except in Japan, where the sale is Premsan’s own and Stripe neither collects nor files the consumption tax. The service and everything else in these terms stay between you and Premsan. The price you are shown includes that tax, so the figure on the checkout page is the figure you pay, in your own currency, converted by Stripe — which is why it may not be the round number quoted elsewhere on our site. In the app, the App Store or Google Play is the seller of record in the same way, and the price it shows includes tax too.
6. The apps
We license you the Filincal app for iPhone, iPad and Android — we do not sell it to you — for your own use, on devices you own or control, under the rules of the store you got it from. The store’s own terms apply to the download and to purchases made inside the app. We may issue updates to the app and your device may install them automatically; these Terms apply to every version.
If you got the app from Apple’s App Store, the following also applies:
- Acknowledgement. These Terms are between you and Premsan only, not Apple Inc. (“Apple”). Premsan, not Apple, is solely responsible for the app and its content.
- Scope of licence. The licence is limited and non-transferable, to use the app on Apple-branded products you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. Premsan is solely responsible for any maintenance and support of the app. Apple has no obligation to provide any.
- Warranty. If the app fails to conform to a warranty that applies to it, you may notify Apple, and Apple will refund you the price you paid for the app, if any. To the extent the law allows, Apple has no other warranty obligation for the app; anything else arising from a failure to conform is Premsan’s responsibility.
- Product claims. Premsan, not Apple, is responsible for any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, a claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law.
- Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property, Premsan, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.
- Legal compliance. You represent that you are not in a country under a United States embargo or designated by the United States as supporting terrorism, and that you are not on a United States list of prohibited or restricted parties.
- Developer name and address. Premsan Inc, at the address in section 13, is the developer; questions, complaints and claims about the app go to the email address there.
- Third-party terms. You must comply with any third-party terms that apply to your use of the app.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of them Apple has the right, and is taken to have accepted the right, to enforce them against you as a third-party beneficiary.
If you got the app from Google Play, the following also applies:
- Acknowledgement. These Terms are between you and Premsan, not Google LLC (“Google”). Your use of the app must also comply with the Google Play Terms of Service in force at the time.
- Privacy. Your use of the app is subject to our Privacy Policy. Premsan, not Google, is responsible for complying with the privacy law that applies to it and with the Google Play Developer Policies.
- Purchases. A subscription bought in the app is bought through Google Play and billed to your Google account, at the price Google Play shows before you confirm, and renews and is cancelled under Google Play’s rules. A refund follows section 5.
- Liability. Google has no obligation or liability to you with respect to the app or these Terms.
7. Acceptable use
You may not use Filincal to break the law, to keep data about people that you have no right to keep, or to do anything that harms other people who use it. You may not scrape it, access it by automated means, use it to download filings from EDGAR in bulk or to get around the SEC’s own terms, or try to get around the bot check or the limits on the free use or a subscription. If you find a security weakness, tell us at the address in the Privacy Policy rather than using it. We may slow, suspend or close an account that does any of this.
8. Closing your account
You can delete your account at any time: on the web under Account in Settings, or in the app under Account. Your notes, your memories, your conversations with the assistant and their photos are erased at once; the records that remain, and why, are listed in the Privacy Policy. Deleting your account ends a subscription bought on the web, but not one bought in the app; cancel that in the store first. We may suspend or close your account if you break these Terms or if the law requires it. If we ever shut Filincal down, we will tell you in advance, leave you time to copy what you want to keep, and refund what you paid on the web for the part of a month you had not used.
An account unused for a month is deleted with everything in it if it has never had a subscription, and otherwise becomes dormant and is deleted once unused for twelve months, as the Privacy Policy describes; an account with an active subscription is kept however long it goes unused.
9. Warranties and liability
Filincal is provided as it is and as it is available, without a warranty of any kind, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not promise that it will be uninterrupted or free of error, that EDGAR will be available, or that an explanation or an answer the assistant gives is correct or complete. We are not liable for any decision you make, or any loss you suffer, because you relied on what Filincal shows or the assistant writes.
To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, on any theory of liability, even if told of the possibility; and our total liability for everything arising out of Filincal is limited to the greater of the amount you paid us in the twelve months before the event and one hundred United States dollars (US$100). Nothing in these Terms excludes or limits a liability that the law does not let us exclude or limit, including liability for fraud, for wilful misconduct or for gross negligence, and nothing limits the rights you have as a consumer.
10. Your responsibility to us
If a third party makes a claim against us because of what you put in Filincal, how you used it, or a breach of these Terms or of the law, you will cover the reasonable costs, including legal fees, that the claim causes us.
11. Changes
We may change these Terms. When a change matters we will say so in the web app or the phone app, or by email, before it takes effect; continuing to use Filincal after that is agreeing to it. The date at the top is the version that stands, and we record which version you accepted when you created your account.
12. Governing law
These Terms are governed by the law of Japan, without regard to its conflict-of-law rules, and any dispute under them is brought before the courts of Osaka, Japan. If you are a consumer, you keep the protection of the mandatory law of the country you live in, and you may also bring a claim in its courts.
13. Contact
Premsan Inc — 530-0001, 12-12, Osaka Ekimae Dai-2 Bldg., 1-2-2 Umeda, Kita-ku, Osaka-shi, Osaka, Japan. support@filincal.com for questions, complaints and claims about Filincal.