1. Introduction
1.1. Overview of the Agreement These Terms and Conditions (“Agreement”) govern your use of the algorithmic trading platform (“Platform”) provided by SUBANJALI FINTECH PRIVATE LIMITED (“Company”, “we”, “our”, “us”). By accessing or using the Platform, you agree to comply with and be bound by this Agreement and our Privacy Policy. If you do not agree to these terms, you must not use our Platform.
1.2. Eligibility You must be at least 18 years old and have the legal capacity to enter into a contract in the jurisdiction where you reside. By using the Platform, you represent and warrant that you meet these requirements and will comply with the terms of this Agreement.
1.3. Modification of Terms We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. We will notify you of significant changes, but it is your responsibility to review the Terms regularly. Your continued use of the Platform after changes are made constitutes your acceptance of the revised Terms.
2. Services Provided
2.1. Platform Overview The Platform offers algorithmic trading solutions that allow users to automate and optimize their trading strategies. These services include:
• Algorithm Creation: Tools to design and configure algorithmic strategies.
• Trade Execution: Automated execution of trades based on pre-configured parameters and algorithms.
• Market Data: Access to real-time and historical financial data to assist in algorithm design and trading.
• Backtesting: Simulation of strategies using historical data to evaluate potential performance.
2.2. Account Access To use the Platform, you must register and create an account. You will be required to provide personal and financial information, as well as create a username and password. You are responsible for maintaining the confidentiality of your account credentials.
2.3. Availability of Service We aim to provide reliable access to the Platform, but we do not guarantee uninterrupted or error-free service. The Platform may be temporarily unavailable due to maintenance, system upgrades, or other reasons. We are not liable for any loss or damages caused by service interruptions.
3. Registration and Account Management
3.1. Account Creation To access the Platform, you must register by providing accurate, complete, and current information, including but not limited to:
• Full name
• Address
• Email address
• Phone number
• Proof of identity (for regulatory compliance, if applicable)
You are responsible for ensuring that the information you provide is accurate and up-to-date.
3.2. Account Security You are responsible for safeguarding your account credentials, including your password. You agree to immediately notify us if you become aware of any unauthorized use of your account or any security breach.
3.3. Suspension and Termination We reserve the right to suspend or terminate your account if you violate any provision of these Terms, engage in fraudulent activity, or for any other reason deemed necessary by us. You may also terminate your account by notifying us, though no refunds will be issued for any unused services.
4. Trading Risks and Disclaimers
4.1. Inherent Risks in Algorithmic Trading You acknowledge that algorithmic trading is inherently risky and involves significant financial and operational risks, including, but not limited to:
• Market Volatility: Market conditions can change rapidly, and algorithms may perform poorly in volatile conditions.
• System Failures: Issues like connectivity problems, software bugs, or server crashes could lead to trade execution failures or errors.
• Strategy Flaws: Algorithmic trading strategies may contain errors, which could lead to unintended consequences or losses.
• Regulatory Risks: Trading practices might be subject to regulation changes, and you may be held responsible for non-compliance with local laws or regulations.
4.2 No Guarantees of Profit You understand that there is no guarantee of profits. The past performance of any algorithm or strategy is not indicative of future results. You may experience financial losses, including the loss of your entire investment
4.3 Market Conditions The Platform does not guarantee the suitability of any algorithm or strategy in different market conditions. It is your responsibility to monitor your trades and make necessary adjustments to your algorithms.
4.4 No Financial Advice We do not provide financial advice or guidance. The Platform is designed for users who are knowledgeable about algorithmic trading and market analysis. The strategies and decisions made using the Platform are entirely your responsibility.
5. Fees and Payments
5.1. Fee Structure You agree to pay the fees for the services provided by the Platform as outlined on the pricing page or in any additional documentation provided. These may include:
• Subscription Fees: Regular payments for accessing the Platform or premium features.
• Transaction Fees: Fees for each trade executed through the Platform.
• Data Fees: Charges for access to real-time or premium market data.
5.2. Payment Methods Payments for services must be made through the payment methods supported by the Platform, including credit card, bank transfer, or other online payment systems. You agree to provide accurate billing information and authorize us to charge your payment method for the fees due.
5.3. Billing and Refunds All fees are non-refundable except where specifically stated. You may cancel your subscription at any time, but no refunds will be issued for partial billing periods. If we charge you in error, we will issue a refund or credit within 7 business working days.
6. Intellectual Property
6.1. Ownership of Content All intellectual property rights, including copyrights, trademarks, and patents related to the Platform and its content (software, algorithms, tools, data, designs) are owned by SUBANJALI FINTECH PRIVATE LIMITED or its licensors. You are granted a non-exclusive, non-transferable license to use the Platform for its intended purposes.
6.2. User-Generated Content Any content you generate on the Platform, including algorithms, strategies, and trading data, remains your property. However, by using the Platform, you grant us a license to use, modify, and display such content to operate, improve, and promote the Platform.
6.3. Restrictions on Use You agree not to reverse engineer, decompile, or attempt to derive the source code of the Platform, nor will you use it for unlawful purposes or in violation of any laws.
7. Reporting of an Error and Feedback You may directly write to usto report any error or provide any feedback, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service.
8. Link with Third Party Websites Our products may link to third party websites and we are not responsible for their data policies or procedures or their content. The Company endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
9. Privacy and Data Protection
9.1. Data Collection We collect personal and financial data when you register and use the Platform. This data is used to provide and improve the services, process transactions, and comply with regulatory requirements.
9.2. Data Security We use commercially reasonable security measures to protect your personal data. However, you acknowledge that no security system is completely secure, and we cannot guarantee the security of your information.
9.3. Data Retention We retain personal data for as long as necessary to provide our services or as required by law. You may request the deletion of your personal data, subject to applicable retention periods.
10. Limitation of Liability
10.1. No Guarantee of Results The Platform is provided “as is,” and we do not make any guarantees about the performance or accuracy of the algorithms or data. You use the Platform at your own risk.
10.2. Limitation of Liability To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Platform, including loss of profits, data loss, or trade execution errors.
10.3. Indemnification You agree to indemnify, defend, and hold harmless SUBANJALI FINTECH PRIVATE LIMITED, its affiliates, employees, agents, and contractors from any and all claims, losses, damages, or liabilities arising out of your use of the Platform, violation of these Terms, or infringement of third-party rights
11. Governing Law and Dispute Resolution
11.1. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Orissa. Any disputes will be subject to the exclusive jurisdiction of the courts in Orissa.
11.2. Dispute Resolution If any dispute arises under this Agreement, we encourage you to contact us directly. If resolution cannot be reached, the dispute will be resolved through binding arbitration, in accordance with the laws of Orissa.
12. Force Majeure The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport, any endemic, pandemic, epidemic or outbreak of any disease including Covid-19.
13. Termination
13.1. Termination by User You may terminate your account at any time by notifying us in writing. Upon termination, you will remain liable for any outstanding fees or charges.
13.2. Termination by Company We reserve the right to suspend or terminate your access to the Platform at our sole discretion, without notice, for any violation of these Terms or for any other reason deemed necessary.
14. Miscellaneous
14.1. Severability If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.
14.2. Entire Agreement This Agreement constitutes the entire agreement between you and us regarding your use of the Platform, superseding any prior agreements or communications.