**IMPORTANT – PLEASE READ CAREFULLY**
Please read these Terms carefully, as they form the entire agreement between You and AlgoBrain.
By creating or registering an account on the Website or accessing or using our Website in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
- You are of sound mind and at least 18 years of age and are fully competent to form a binding contract with Us.
- You assume all the obligations set forth herein and You will use the Website and its services at your discretion and under your own responsibility.
2. Refund Policy
We do not offer any refund on any subscription, live trading, or in any other condition. We cannot be held liable in a case, including but not limited to technical, trading, or any other concern of the user. The user acknowledges that any transaction made, from live trading to payments, on, by, through the platform is as per his/her/their discretion and is fully aware of the risks and features provided.
3. Risk Disclosure
The information found on the AlgoBrain Website, software, applications and portal was prepared without regard to any particular investor’s investment objectives, financial situation, or needs.
Our platform is only for the purpose of analytics and technology and we are not registered with SEBI and we are not covered under any SEBI regulation. We are not a trading company, broker nor we deal with any of the commodities, financial instruments, equities, debentures etc. AlgoBrain acts only as a website/software/application/platform/portal /technology provider FOR its Clients/Your needs. Accordingly, You/clients/investors should not act on any information on the website/portal without obtaining specific and expert advice from a financial advisor/licensed broker/professional and should not rely on the information herein as the basis for your investment decisions. Future trading and algorithmic trading involve a substantial risk of loss and is not appropriate for everyone. No representation is being made that utilizing the algorithmic trading strategy will result in profitable trading or will be free of risk of loss. Before deciding to trade or invest, You should carefully consider your investment objectives, level of experience, and ability to tolerate the risks. The possibility exists that you could sustain a loss of some or all of your initial investment. Therefore, only risk capital should be used for trading purposes hereon.
4. Disclaimer for Trading Analysis Products
You acknowledge the risk factors & agree to have understood the following:
- All securities Algo-Trading Systems are purely technology based and the results will be subject to the market risks and there can be no assurance that your objectives will be achieved
- The value of the securities may go up or down depending upon the factors and forces affecting the securities market.
- Past performance of the Securities Markets does not indicate the future performance of the Securities of any Exchange/Markets.
- There is no assurance or guarantee to clients nor are they offered any guaranteed / assured returns.
5. Accuracy of Content
The content available on the Website, software, applications, platform or portal is subject to change at any time without prior notice, and is provided for the sole purpose for convenience / for automation / for education and assistance in making independent investment decisions. AlgoBrain has taken reasonable measures to ensure the accuracy of the information contained herein; however, AlgoBrain does not guarantee its accuracy, and is not liable for any loss or damage which may arise directly or indirectly from such content or from an inability to access such information, for any delay in or failure of the transmission or receipt of any instruction or notification in connection therewith. By using this website / software / applications / platform / portal, you acknowledge that any recommendations or trading analysis found herein are provided for educational and illustrative purposes only and should not be used in connection with the formation or execution of any trading decisions. Futures trading and algorithmic trading involves a substantial risk of loss and you should never make a decision based solely on the information found on this website / software / applications / platform / portal. AlgoBrain reserves the right, in its sole discretion and without any obligation, to make modifications to any portion of the AlgoBrain website / software / applications / platform / portal or publications at any time.
6. Past Performance Results
Past performance results are shown for illustration and example only, are hypothetical and as such have many inherent limitations. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently significant differences between hypothetical performance results and the actual results subsequently achieved by any particular trading technique or methodology. One of the limitations of hypothetical performance results is that they are prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or adhere to a particular trading program despite trading losses are material factors which can adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
7. Account Registration
To avail the provision of the Services, you have to become a registered user and in order to do that you must complete the registration process by providing Us with current, complete and accurate personally identifiable information, including, without limitation, your real name and the email address through which we can correspond with you, as prompted by the applicable registration form. You further agree to keep any registration information you provide to Us current, complete and accurate. As part of the registration process, you are entirely responsible for maintaining the security and confidentiality of your account information, including your username and password. Furthermore, You are entirely responsible for any and all activities and conduct, whether by You or anyone else, that are conducted through your account. We may hold You liable for any losses incurred by Us or any other party due to someone else’s use of your account or password. You agree to notify Us immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. We will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge
The term “Content” herein refers to mean entire or partial algorithms, code and code segments, trading strategies, data transformations, data analysis and manipulation functions, tools, software, data, databases, text, messages, images, graphics, video files, audio files, ideas, and other information and materials.
- The Content provided by the Website or Service may be searched, retrieved, displayed, downloaded, and printed by clients for personal use only. You shall make no other use of such content without the express written permission of AlgoBrain.
- You shall not modify any of the content provided by the Site or Service, and in particular You shall not delete or alter any proprietary rights or attribution notices in any content.
- You acknowledge and agree that no ownership rights are acquired by You in connection with the Site or Service. You further acknowledge and agree that all rights not granted to You under this Agreement are expressly reserved by Us and/or our licensors.
- You also acknowledge that the software underlying the Website as well as other Internet related software which are required for accessing the Site’s Online Services are the legal property of AlgoBrain and/or our vendors or contractors. The Terms underlying this agreement will not convey any proprietary or ownership rights in the above software. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Website or create any derivative product based on the software.
- No user is allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt or edit any of the materials or content appearing on Our Website, in whole or in part, except as is expressly authorized by this Agreement.
- This Agreement and limited license are granted solely to you and may not be assigned or transferred by You. You acknowledge and agree that you are strictly prohibited from allowing third parties to access the Website or Services. You acknowledge and agree that you are solely responsible for any liability arising from any third-party access to or use of the Website permitted or facilitated by You, whether negligently or otherwise.
10. Restrictions on Use
You acknowledge and agree that you will not:
- Copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content 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 data gathering or extraction tools, program, algorithm or methodology, unless you obtain our prior written consent;
- Use the Site or Services 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;
- Use any engine, software, tool, agent or other device or mechanism to navigate or search the Site, other than the search engines and agents available through the Service and other than generally available third party web browsers;
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services;
- Access the Site or use the Services by any means other than through AlgoBrain-provided or approved interfaces;
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another's right of privacy or publicity;
- Post or transmit any material that contains a virus, worm, Trojan horse, or any other contaminating or destructive feature;
- Post or transmit information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Use any of the Site’s or Service's communications features in a manner that adversely affects the availability of its resources to other users;
- Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resumé information such as opinions or notices, commercial or otherwise;
- Access or use the Site or Services to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated under any such law;
- Upload or transmit any material that infringes, violates or misappropriates any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party or violates a third party’s right of privacy or publicity;
- Manipulate or otherwise display or obstruct portions of the Site and/or the Services by using framing or similar navigational technology;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any AlgoBrain product or Service if you are not expressly authorized by such party to do so;
- Use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions.
- Use the Site or the Services in any manner that could damage, disable, overburden or impair AlgoBrain’s servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services.
- Attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to AlgoBrain through hacking, password mining or any other means.
- Obtain or attempt to obtain any Content through any means not intentionally made available as Shared Content through the Site or the Services; or
- Knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time.
11. Private Content
Unless you choose to share your Content, we will use reasonable best efforts to keep your Content private. With respect to this Agreement, We may access, review, share, or otherwise make use of private Content in the following circumstances but not limited to (including in source code or similar form):
- If necessary in the course of providing technical support or other maintenance of the Services; provided that, wherever possible, any access by AlgoBrain for technical support or maintenance purposes will be restricted to the very specific technical purpose relevant to such support or maintenance;
- In order to comply with any applicable legal or regulatory requirements or court order;
- In the event that we consider, in our discretion, that such Content may present a security risk;
- In the event that we consider, in our discretion, that such Content may constitute an infringement or misappropriation of any third party right; or
- In the event that we consider, in our discretion, that such Content may be relevant to AlgoBrain’s defense in any legal proceeding.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our Site or Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to make, have made, use, reproduce, modify, translate, distribute, transmit, create derivative works of, perform, display, import, sell, offer for sale, make, have made and otherwise exploit, without the requirement to make any payment to you or to any third party or the need to seek any third party permission, the Feedback in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same. This is true whether you provide the Feedback in any Content submitted publicly or privately, email or any other method of communication with us unless we have entered into a separate written mutual agreement with you that provides otherwise.
14. Links to Third-party Sites
15.Disclaimers and Warranties
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AVAILABILITY, INTEGRITY, RELIABILITY OR TRANSMISSION OR RESPONSE TIME, DATA ACCURACY, AVAILABILITY, COMPLETENESS, RELIABILITY OR TIMELINESS, SUITABILITY OF CONTENT OR SERVICES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT:
- YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE,
- THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE, COMPLETE OR TIMELY, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY CONTENT PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE OUR SITE OR SERVICES OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF OTHER SITES ACCESSIBLE THROUGH THE SITE OR SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SITE AND/OR THE SERVICES.
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR CONTENT AND COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES. OTHER THAN TO EVALUATE THE PERFORMANCE OF ALGORITHMS FOR COMPLIANCE WITH OUR CONTEST RULES AND POSSIBLE ALLOCATION TO YOU UNDER SEPARATE LICENSE, YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY ANY CONTENT POSTED ON THE SITE BY YOU OR ANY OTHER USERS.
16. Investment and Professional Advice Disclaimer
- You acknowledge and understand that the Website, software or Services are not intended to supply investment, financial, tax or legal advice. The Website, software or Services are not investment advice and any observations concerning any security, trading algorithm or investment strategy provided in the Website, software or Services is not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We offer no advice regarding the nature, potential value, risk or suitability of any particular investment strategy, trading algorithm, transaction, security or investment. You acknowledge and agree that any use of the Services, any decisions made in reliance on the Services, including any trading or investment decisions or strategies, are made at your own risk.
- The Website, Services or software is intended to provide legal, tax or financial advice. We are not a financial planner, broker or tax advisor. Your financial situation is unique, and any information obtained through the Site, software or Service may not be appropriate for your situation. The use and interpretation of the Services require skill and judgment, and you shall at all times exercise your own judgment in the use of the Services.
17. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE, SOFTWARE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. NEITHER AlgoBrain NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF THE SITE OR SERVICES OR OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CONTROL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE OR SERVICES OR CONTENT STORED THEREIN. IN NO EVENT SHALL AlgoBrain's TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE GREATER OF: (i) 25000 (TWENTY FIVE THOUSAND RUPEES ONLY) OR (ii) THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO US, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITE IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE, AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You acknowledge to defend, indemnify and hold AlgoBrain, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
- Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, or intellectual property rights, including content the user distributes through the services;
- Your wrongful or improper use of the Site, software or the Services.
- Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Site, software or Services;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of the Services.
19. Violation of these Terms
If you violate any of the terms of this Agreement, it can lead to your account being temporarily or permanently suspended or your access being blocked or suspended. In such case, we shall neither be liable to compensate you for the same, nor be liable to refund you any amount of money.
20. Governing Law and Dispute Resolution
- Governing Law: These Terms shall be construed in accordance with the applicable laws of the Republic of India.
- If in case, any controversy, conflict or dispute of any nature arises between the User or third party and the Company in connection with the provisions of these Terms, or out of or relating to or in connection with the use of AlgoBrain, its Website or Services, the parties shall spend at least 15 days to try and use all means to amicably resolve that dispute or conflict or controversy.
- If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the User or third party and the Company, shall be settled exclusively and finally by arbitration, in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Jaipur, India and the arbitration shall be conducted in the English language. The arbitral tribunal shall consist of three arbitrators, one of which is to be appointed by the User or the third party and one by the Company. The two arbitrators so appointed shall appoint the third arbitrator. You agree that the award of the arbitrators shall be final and binding upon You and the Company.
- Notwithstanding anything to the contrary contained herein, if for any reason above mentioned arbitration clause is declared to unenforceable by Court of law, or if there is any dispute in relation to the arbitration clause, then such dispute shall be brought to the exclusive jurisdiction of the appropriate courts located in Jaipur, India.
We may give notice by means of a general notice via electronic mail to your email address as available with Us. If You want to give notice to Us, You can do so by dropping an electronic mail to [email protected]
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
- Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Company and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
- Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at its own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
23. Grievance Officer
In the event you have any grievance regarding anything related to these Terms or with any content or software or service of AlgoBrain, in that case you may freely write your concerns to the Grievance Officer through your registered email with digital signature to _________________ or contact him/her on ______________.
24. Feedback and Information
We welcome your questions or comments regarding the Terms. You can write to us via email: [email protected]