Effective Date: June 1, 2026 · Earnings and Profits LLC
PLEASE READ THESE TERMS CAREFULLY. These Terms of Service govern access to and use of The Salmon Index™ SVE Instrument Suite (the “Platform”), operated by Earnings and Profits LLC (“E&P,” “we,” “us,” or “our”). By accessing or using the Platform, you (“User”) agree to be bound by these Terms in their entirety. If you do not agree, do not use the Platform.
1. Description of the Platform
E&P provides access to a proprietary analytical methodology known as the Subscription Value Engineering™ (SVE) Framework, delivered through the SVE Instrument Suite. The Platform provides diagnostic, valuation, timing, and LOI framework outputs based on User-supplied inputs applied to the SVE Framework’s sector-calibrated benchmarks across thirteen qualifying non-technology sectors. All computation is performed locally within the User’s browser. The Platform does not transmit User-supplied financial or operational data to any external server operated by E&P.
E&P does not provide, and the Platform does not constitute, investment advisory services as defined under the Investment Advisers Act of 1940 or any applicable state securities law. Earnings and Profits LLC is not a registered investment adviser.
The SVE Instrument Suite is one of four instruments in The Salmon Index™ suite. It operates as a standalone analytical tool and as Phase 03 in the complete WCDE → AIM → SVE → ECP acquisition lifecycle framework.
2. Not Investment Advice
The SVE Instrument Suite and all analytical outputs, framework applications, valuation scenarios, LOI anchor computations, timing gate assessments, IRR projections, and The Salmon Threshold™ re-rating outputs provided through the Platform are for informational and educational purposes only. Nothing produced by the Platform constitutes investment advice, legal advice, tax advice, financial advice, or any form of professional advisory service.
Nothing contained in the Platform, its outputs, or any communication from E&P constitutes:
(a) Investment advice or a recommendation to buy, sell, or transact in any security or business;
(b) The provision of investment advisory services under the Investment Advisers Act of 1940 or applicable state securities laws;
(c) Legal, tax, or accounting advice;
(d) A solicitation to invest in any security, business, or transaction; or
(e) A guarantee or prediction of any financial outcome, transaction result, or investment return.
No attorney-client, financial advisor-client, or fiduciary relationship is created by your use of the Platform. Users must consult qualified, licensed legal, financial, tax, and investment professionals before making any acquisition, transaction, investment, or strategic business decision based on Platform outputs.
3. Intellectual Property and Proprietary Rights
The SVE Framework, The Salmon Index™, The Salmon Threshold™, Subscription Value Engineering™, the SVE Instrument Suite, all underlying methodology, sector calibrations, benchmark data, threshold parameters, and platform code are the exclusive intellectual property of Earnings and Profits LLC, protected by U.S. copyright law including federal registration SR 1-15125187478, applicable trademark law, and trade secret law including the Defend Trade Secrets Act of 2016.
The following marks are proprietary to E&P: The Salmon Index™, The Salmon Threshold™, Subscription Value Engineering™ (SVE™), Wealth Creation Decision Engine™ (WCDE™), Acquisition Initialization Mandate™ (AIM™), Exit Cycle Protocol™ (ECP™), The Practitioner, The Connector, The Builder, The Hunter, The Strategist, The Allocator, and The Catalyst.
Access to the Platform does not constitute a transfer, license, or assignment of any intellectual property rights. User may not, directly or indirectly:
(a) Reproduce, redistribute, modify, or create derivative works based on the SVE Framework, Platform code, or outputs;
(b) Reverse engineer, decompile, or disassemble the Platform code, scoring methodology, or sector calibration logic;
(c) Publish, disclose, or disseminate Platform outputs, benchmark data, or methodology to third parties for commercial purposes without written authorization;
(d) Use the Platform or its outputs to develop, train, or improve any competing product, service, or artificial intelligence system;
(e) Systematically scrape, crawl, or extract data from the Platform for any purpose; or
(f) Remove, obscure, or alter any proprietary notices, copyright notices, or trademarks.
All Platform outputs remain subject to E&P’s intellectual property ownership even when relied upon by User for internal decision support. User receives a limited, non-exclusive, non-transferable license to use outputs solely for User’s own internal business evaluation purposes.
4. Accuracy and Limitation of Outputs
The SVE Framework applies empirically derived sector benchmarks to User-supplied inputs. The accuracy and relevance of outputs depends entirely on the accuracy of inputs provided by the User. Financial projections, valuation ranges, IRR estimates, and timing assessments are illustrative and based on sector averages, historical transaction data, and stated inputs. Actual outcomes will vary materially based on market conditions, business-specific factors, negotiation, and execution.
The Salmon Threshold™ re-rating is a statistical finding derived from doctoral research across 536 publicly traded non-technology firms. It is an empirical observation, not a guarantee that any specific business will achieve any particular exit multiple upon crossing the recurring revenue inflection point.
5. Confidentiality
E&P’s Confidential Information includes the SVE Framework, methodology, sector calibrations, benchmark data, threshold parameters, and any non-public Platform documentation. User shall hold E&P’s Confidential Information in strict confidence, use it solely for internal evaluation purposes, and not disclose it to any third party without prior written consent. Confidentiality obligations survive termination of these Terms for five (5) years.
6. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. E&P EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. E&P DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) E&P’s total aggregate liability for any claim arising from or related to the Platform is limited to ONE HUNDRED DOLLARS ($100.00) or the fees paid by User for the specific engagement giving rise to the claim, whichever is greater;
(b) E&P shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business opportunity, transaction losses, or diminution in value, even if advised of the possibility of such damages;
(c) E&P shall not be liable for any acquisition, investment, or business decision made in reliance on any Platform output.
8. Indemnification
User agrees to indemnify, defend, and hold harmless E&P and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) User’s use of the Platform; (b) User’s violation of these Terms; (c) any business or investment decision made in reliance on Platform outputs; or (d) User’s violation of any applicable law.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles. Any dispute arising from or related to these Terms or the Platform shall be resolved through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, conducted in New York, New York. The arbitrator’s decision shall be final and binding. USER WAIVES ANY RIGHT TO PURSUE CLAIMS ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. E&P may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or trade secrets.
10. Termination
E&P may terminate or suspend User’s access to the Platform at any time, with or without cause and with or without notice. Upon termination, User’s access rights cease immediately. Sections 2, 3, 5, 6, 7, 8, and 9 survive termination.
11. Modifications
E&P may modify these Terms at any time. Changes are effective upon posting as indicated by the updated effective date. Continued access to the Platform following any modification constitutes acceptance of the revised Terms.
12. Contact
Questions regarding these Terms should be directed to Earnings and Profits LLC at support@thesalmonindex.com.