Terms & Conditions

WThese terms of use (“Terms and Conditions” or “Terms of Use”) mandate the terms on which you and other users (“Users”) may access and register on the website www.earnhance.in and/or the mobile application “Earnhance” operated and managed by Mkix Partnership Company (“Company” or “We” or “Us”), collectively referred to as the “Platform”. Please read these Terms and Conditions and our Privacy Policy carefully before registering on the Platform or accessing any material or other information through the Platform. By visiting the Platform, you are agreeing to be bound by these Terms and Conditions and the Privacy Policy.

The Company retains an unconditional right to modify or amend these Terms of Use without any requirement to notify you of the same. You can determine when these Terms of Use were last modified by referring to the ‘last updated’ legend above. It shall be your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform following any modification or amendment of these Terms of Use shall signify your consent to the changes and your agreement to be legally bound by the same

1. Platform Services

You acknowledge that the Company hereby grants you a limited, non-exclusive, non-transferable, royalty free license to use the Platform for the purposes of availing the following services from the Company, collectively hereinafter referred to as (the “Platform Services”):

  • Facilitating subscription and redemption of Stocks, Government Securities, Bond, Exchange Traded Funds (ETF), mutual fund units etc by Proprietary Algorithmic Technology of Earnhance using Alice Blue Financial Private Limited API, as per your chosen Portfolio & instructions
  • Maintaining a record of your personal information and securities transactions in a secure and confidential manner; and
  • Promptly and efficiently responding to your queries relating to your Account.

The Company is a SEBI registered Research Analyst. It is hereby clarified that the Company is not rendering the services of any broker or listed Company nor have any benefits in the companies, Indexes, ETFs etc given the portfolios and is merely providing a platform to its users to facilitate the transaction of investment in chosen Portfolio Plan. The Platform offers the purchase of Stocks, Government Securities, Bond, Exchange Traded Funds (ETF), mutual fund, on which the Company will receive commissions from Brokers. Please note that the Company only facilitates the securities transactions through the Platform and will not be liable in any manner with respect to the Securities allotted to you by the Broker.

The Company does not, and is not obliged to, offer all Stocks, Government Securities, Bond, Exchange Traded Funds (ETF), mutual fund etc for investment. By limiting the number of Portfolios on the Platform, the Company makes no representation as to the quality, bona fides , or any other representation, warranty or guaranty, express or implied, in respect of such mutual fund schemes. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever, and shall not be relied upon by you while making investment decisions and you shall be solely responsible for any investment decisions and for the purchase of any securities using the chosen portfolio on the Platform. In no event shall the Company be liable to you for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this Platform or due to investments made using this Platform. As part of the Platform Services provided to you, after availing such services, you agree to provide honest feedback/review about the concerned Platform Service if requested by the Company.

The Company does not, and is not obliged to, offer all Stocks, Government Securities, Bond, Exchange Traded Funds (ETF), mutual fund etc for investment. By limiting the number of Portfolios on the Platform, the Company makes no representation as to the quality, bona fides , or any other representation, warranty or guaranty, express or implied, in respect of such mutual fund schemes. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever, and shall not be relied upon by you while making investment decisions and you shall be solely responsible for any investment decisions and for the purchase of any securities using the chosen portfolio on the Platform. In no event shall the Company be liable to you for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this Platform or due to investments made using this Platform. As part of the Platform Services provided to you, after availing such services, you agree to provide honest feedback/review about the concerned Platform Service if requested by the Company.

In case of any dissatisfaction with the Platform Services, you shall first file a formal complaint with the customer service of the Company, as may be applicable, prior to pursuing any other recourse. The complaints can be lodged at [email protected] and, upon lodging a complaint, you agree to provide complete support to the customer service team with such reasonable information as may be sought by them from you. The decision of the Company on your complaint shall be final and you agree to be bound by the same.

2. 1% Round-Ups

Round-Ups are a feature of the Platform that enable you to invest small amounts of money on a daily basis.

Definitional clauses:

  • “Business Day” means a weekday when Stocks, Government Securities, Bond, Exchange Traded Funds (ETF), mutual fund etc are traded and banks in India are open for business.
  • “Deposit” means a transfer of money from your Funding Source to your Trading & Demat Account with the Broker where your investment will be made and the subsequent buying/selling will be done by the Earnhance Algorithmic Technology according to your portfolio choosen.
  • “Funding Source” means a bank account that you use to send money to and receive money from your Demat & Trading Account.
  • “Mobile Application” means the Company’s Android mobile application.
  • “Payment Method(s)” means the types of payment that will generate 1% Round-Ups when used to purchase goods or services. This may include credit card, debit card, wallet (e.g., Paytm, Google Pay), and other payment types that generate an SMS on your mobile phone following a purchase transaction.
  • “Pending Round-Up” means a Round-Up that was generated after the most recent Round-Up Deposit.
  • “Purchase Amount” means the amount of a purchase of goods or services that you make using a Payment Method.
  • “Round-Up Portfolio” means the Portfolio Plan in which Round-Ups are invested.
  • “Round-Up Increment” means INR 10, INR 50, INR 100, or some other number of rupees that is a default value or may be specified in your User Settings.
  • “Rounded-Up Amount” means the smallest multiple of the Round-Up Increment that is greater than or equal to the Purchase Amount.
  • “Round Up” means an amount of money that equals the Rounded-Up Amount less the Purchase Amount.
  • “Round-Up Daily Limit” means the maximum number of rupees that may be invested through Round-Ups in a single day.
  • “Round-Up Deposit” means a Deposit initiated automatically in accordance with these Terms of Use. The amount of the Round-Up Deposit is equal to the Pending Daily Round-Up Total. Your Round Up Deposit will be processed every Business Day on which it equals at least one rupee.
  • “Round-Up Purchase” means the automatic purchase of mutual fund units in your Folio in the Round-Up Scheme, the number of units corresponding to the amount of the Round-Up Deposit.
  • “Round-Up Scheme” means the Portfolio plan or schemes in which Round-Ups are invested as selected by the user.

You acknowledge and agree that you must use the Mobile Application in order to use the Round Ups feature of your Account. If you use the Round Ups feature, you agree to grant permission for the Mobile Application to access the SMS that is generated when you make a purchase transaction using a Payment Method. This access enables us to identify the Purchase Amount. You may revoke this permission at any time, in which case the Round-Ups feature will be disabled within three (3) Business Days.

Each Business Day that the Pending Daily Round-Up Total equals at least one rupee, the Mobile Application will automatically initiate a Round Up Deposit and a Round-Up Purchase. For the Round-Up Deposit, you authorize the Round-Up Portfolio to initiate a transfer of the Pending Daily Round-Up Total from your Funding Source to the Round-Up Portfolio. For the Round-Up Purchase, you authorize the Round-Up Portfolio to apply the amount of the Round-Up Deposit to the purchase of securities for investment in your folio in the Round-Up Scheme, with the allotment of units to occur per the Terms and Conditions listed in the Scheme Information Document of the Round-Up Scheme. The Round-Up Purchase shall be made within one Business Day after the Round Up Deposit is received by the Round-Up Portfolio.

You agree that the Round-Up Deposit and the Round-Up Purchase will be made automatically, without requiring a one-time password (“OTP”) from you. In no event shall the Company or the Round-Up Portfolio be liable if a purchase of goods or services is misidentified as qualifying or not qualifying as a Round-Up. You further agree to maintain sufficient funds in your Funding Source to enable a Round-Up Deposit without incurring an insufficient funds fee. Neither the Company nor the Round-Up Portfolio nor any third party shall be liable for any such fees.

3. Use of the Platform

Subject to compliance with the Terms of Use, the Company hereby grants you a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.

You agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that you may download the Platform for your own personal, internal use and non-commercial use.

You agree that you will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, you agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.

Further, you undertake not to:

  • defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through any medium without obtaining the necessary authorization from the Company;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • upload or distribute files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs;
  • engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
  • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the Company’s server, or through the Platform, by hacking, password mining or any other illegitimate means;
  • probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Platform;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
  • collect or store data about other Users in connection with the prohibited conduct and activities;
  • use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
  • use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
  • violate the Terms of Use contained herein or elsewhere; and
  • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

4. User Account, Password and Security

In order to access the Platform Services on the Platform and your account on the Platform (“Account”), you must register on the Platform by providing details about yourself including, but not limited to, mobile number, mother’s name, father’s name, email address, password, date of birth, gender, Permanent Account Number (“PAN”), Aadhaar Card Number, signature, marital status, nominee details, cancelled cheque, photograph and video recording, and other information as may be required by the Company from time to time. Your Account will be activated once the Company undertakes or confirms your KYC verification in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”) and Broker based on the information provided by you. We may also ask you for certain financial information, including your billing address, bank account details, credit card number, expiration date and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services. The Company may ask you to provide certain additional information about yourself on a case to case basis. You shall ensure and confirm that the Account information provided by you is complete, accurate and up to date. If there is any change in the Account information, it is your responsibility to promptly update your Account information on the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against you at law or in equity, for any misrepresentation of information provided by you. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under your Account and also agree to keep your login credentials safe and confidential at all times. You further agree to change your login credentials regularly and, in case of any actual or suspected unauthorized use of your Account, change your login credentials and inform the Company immediately. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.

5. Intellectual Property Rights

The Platform and all information, content, materials, products, including but not limited to, text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other various intellectual property rights in the favour of the Company or third parties from whom the appropriate permissions have been taken under applicable laws. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and its affiliates or other respective third parties, as the case may be. Nothing in this Terms of Use shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks. The content of the Platform, including the Marks, cannot be amended, copied, reproduced, replicated, republished, uploaded, posted, published, transmitted, displayed or distributed for any non-personal use without obtaining prior written permission from the Company. You may not perform, license, frame, create derivative works from, or otherwise use in any other way for commercial or public purposes in whole or in part any information, reports & formats thereof, presentations of reports, software, products or services obtained from the Platform, except for the purposes expressly provided herein, without the Company’s prior written approval. You may not resell, reproduce, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by the Company prior to such use. You may not rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Platform, any part or format thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the Company prior to such use. The users of the Platform agree to treat as confidential and privileged all information supplied or received and will not divulge or disclose the same to any third party, except to those authorised by the Company in writing. Further, you understand and accept that all information, except your personal information and other data submitted by you for the purposes of transacting on the Platform, shall be deemed to be the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by you on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, you agree to be contacted by the Company or any other entities with whom the Company has entered into an arrangement for the provisions of Platform Services to you.

6. IP Infringement

If you believe the Platform violates your intellectual property, you must promptly notify the Company in writing at [email protected] These notifications should be submitted only by the owner of the intellectual property or an agent authorized to act on his/her behalf. Any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in your notice: ▪ the intellectual property that you believe is being infringed; ▪ the item that you believe is infringing, including sufficient information about where the item is located on the Platform; ▪ a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform; ▪ Your contact details, such as your address, mobile number, and/or email; ▪ a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and ▪ Your physical or electronic signature.

7. Disclaimer of Warranties, Indemnification and Limitation of Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other Content are provided by the Company on an ‘as is’ basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services will meet your requirements or your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by you from the Company shall create any warranty not expressly stated in the Terms of Use. Further, please note that the information provided on the Platform is not in the nature of any recommendation or solicitation to buy or sell Securities in the displayed Portfolio Plans. The Company does not provide investment advise and is not registered with SEBI as an investment adviser in terms of the SEBI (Investment Adviser) Regulations, 2013. You expressly agree that the use of the Platform is at your sole risk. The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content. Further, the Company will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform or the Platform Services either with or without your knowledge. The Company and its affiliates, if any, have endeavoured to ensure that all the information on the Platform is correct, but the Company and/or its affiliates neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and that only you will be responsible for any damage to your computer systems or loss of data that results from the download of such material or data. You acknowledge that the software and hardware underlying the Platform as well as other internet related software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to you. Please note that not all Platform Services are available in all geographical areas and, depending on your location, you may not be eligible to avail certain Platform Services offered by the Company. The Company reserves the absolute right to determine the availability and eligibility for any of the Platform Services offered on the Platform. The Company is not responsible for the availability of content or other services on third party sites linked from the Platform, and the Company urges you to read the terms of use of the respective third-party sites, before accessing or registering with any such third-party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites. The Company shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms of Use if performance is prevented, hindered or delayed by a Force Majeure Event and, in such case, its obligations under these Terms of Use shall be suspended for so long as the Force Majeure Event continues. The term ‘Force Majeure Event’ means any event due to any cause beyond the reasonable control of the Company, including without limitation, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, pandemic, health emergency, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, government shutdowns or closures, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc. Further, you will not dispute or hold the Company responsible for: ▪ any act that is not an express obligation of the Company under the Terms of Use; ▪ any disclosures made by the Company to any statutory body under any law; ▪ any loss, notional or otherwise, incurred by you due to delays at the bank, Company, Exchange, registrar and transfer agency and/or Broker; ▪ rejection of your instructions by the bank, registrar and transfer agency and/or AMC; and ▪ processing of instructions authenticated by your login credentials, non-availability or non-accessibility of the Platform, telephone(s), or office(s) of the Company in case of circumstances reasonably beyond the Company’s control. You agree to indemnify the Company, its directors, officers, and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms of Use or due to your acts or omissions. You further agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform, any misrepresentation with respect to the data or information provided by you, your violation of the Terms of Use, or your violation of any other rights, including any intellectual property rights. In no event shall the Company or its directors, officers, partners, consultants, agents and employees be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable, arising out of or in connection with your use of or access to the Platform or Content on the Platform. The limitations and exclusions in the Terms of Use apply to the maximum extent permitted by applicable laws. You warrant that all the details and information provided by you to the Company while using this Platform (including for the purposes of carrying out investments) are correct, accurate and genuine. You further warrant that providing such details and information on the Platform or sharing of the aforesaid details/information shall not violate any third-party rights or the intellectual property rights of any third party. You hereby further acknowledge and agree that if you create a selection of Securities (“Portfolio”) either for the purposes of subscription or otherwise (including for the purposes of your own analysis), you hereby specifically acknowledge and agree that you shall not have any proprietary right or intellectual property right over the choice, selection, idea or concept of pool of Securities in that Portfolio; and the Company shall have the right to adopt or copy the Portfolio for its commercial and non-commercial use. Please note that in such cases, you shall not claim any royalty or other financial/monetary benefits or compensation from the Company or any of the other Users of this Platform for the use of your Portfolio. The Company specifically and expressly disclaims the accuracy and correctness of the analysis or data generated or reflected in your creation of a Portfolio.

8. Eligibility to Use:

By accepting the Terms of Use, you hereby represent that: ▪ You are eighteen (18) years of age or older and, if you are acting as guardian on behalf of a minor, you have the necessary authority to register/sign up on the Platform for the availing the Services on behalf of the minor; ▪ You are of legal age to form a binding contract, are not a person barred from receiving the Platform Services under the applicable laws and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users and any such User who has been suspended or removed by the Company for any reason whatsoever shall not been entitled to avail the Platform Services; ▪ You are a citizen and resident of India; ▪ You are not a politically exposed person; ▪ You agree to abide by the Terms of Use, offer documents, investor application form, and any other information provided by you on and through the Platform for the provision of the Platform Services; ▪ the money you invest is from your bank account (primary holder’s bank account in case of an investment account held jointly), and the same is from legitimate sources and remitted through approved banking channels; ▪ You are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purposing of creating an account with the Platform; ▪ You agree to make an informed independent investment decision by reading the offer documents of the Portfolio Plans that you are investing in; and ▪ Before investing, you shall seek independent financial planning, legal, accounting, tax or other professional advice, if appropriate.

9. Violation of the Terms of Use

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that is deemed to be necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against you as a result of your violation of these Terms of Use, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted. The Terms of Use will continue to apply until terminated by either you or the Company as set forth below. If you terminate the Terms of Use, object to the Terms of Use, or are dissatisfied with the Platform, your only recourse is to (i) close your Account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms of Use and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate your Account and/or prevent you from accessing the Platform and/or Platform Services. The Company may delist you or block your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion, that you have infringed, breached, violated, abused, or unethically manipulated or exploited any aspect or provision of these Terms of Use or have otherwise acted unethically in any way. Notwithstanding anything else in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them. If you or the Company terminate your use of the Platform, the Company may delete any Content or other materials relating to you and the Company shall have no liability to you or any third party for doing so. However, your transaction details may be preserved by the Company for purposes of tax or regulatory compliance. The Company may modify these Terms of Use at any time.

10. Refunds

The transactions on the Platform with respect to the Platform Services will be completed only after successful transfer of money from your registered bank account to the Broker Pool Account. Please note that the securities will be credited to your Demat Account after the purchase by our algorithmic technology from the date of successful transfer of such amount, or within such period as the concerned AMC may take. You hereby agree and acknowledge that the transactions on the Platform once completed cannot be cancelled by you.

11. Governing Laws

The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. All disputes arising in relation to the Platform or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Delhi.

12. Mandatory Caution

Investment in the securities market (including mutual fund investments) are subject to market risks, please read all investments, offer and scheme-related documents carefully, and do your own research before investing. For the purposes of these Terms of Use, the term “Offer Document(s)” shall refer collectively to Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, and any other information or documentation issued by the Company that manages the Securities. You agree that not all of this information or documentation may be available to you on the Platform, and it is your responsibility to obtain access to these documents from the Companies. Further, you understand that past performance is not indicative of future returns.

13. Reporting Abuse

In the event you become aware of any abuse or violation of these Terms of Use or any objectionable content on the Platform, please report the same to the following e-mail id: [email protected]

14. Communications

You hereby expressly agree to receive communication (including transactional messages) or by way of SMS, email and/or WhatsApp from the Company or any third party in connection with the Platform Services or your registration on the Platform. You can unsubscribe/opt-out from receiving certain communications through SMS and e-mail anytime by contacting the Company at [email protected]

15. WhatsApp Groups

The Company reserves the right to create any WhatsApp groups (“Groups”) through its representatives (hereinafter referred to as “Group Admin”) who are expressly authorized to control, monitor and administer the Groups on its behalf. The usage, membership, and participation in the Group are subject to the following terms and conditions: You shall not: ▪ use the Groups for circulating, uploading, transmitting, or otherwise making available any information, data or content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; ▪ stalk, harass, threaten or harm another user using the Groups; ▪ engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential or personal information in violation of a confidentiality, employment, or nondisclosure agreement and/or privacy norm to which you are subject to; ▪ post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising, and informational announcements; ▪ upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; ▪ interfere with or disrupt the Group services; ▪ plan or engage in any illegal activity using the Groups; ▪ circulate or post any jokes and poems; ▪ circulate or post any religious or politically oriented views or comments; and ▪ pretend to be anyone else or any other entity, i.e., you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another participant of the Groups, an employee or official or representative of the Company. The Group Admin reserves the right at all times to determine, in its sole discretion, whether the content posted on the Group is appropriate and in compliance with these Terms of Use. The Group Admin further reserves the rights to remove any participant/member from the Group if it finds you or any participant/member to have circulated/posted any content which is objectionable or improper for the Groups or its participants and/or deemed to have violated the Terms of Use or for any reason whatsoever. The participants shall not challenge or question such removal by the Group Admin or declaration of any content as inappropriate or not compliant with the Terms of Use. The participant hereby agrees and acknowledges that any of such actions by the Groups Admin shall not be construed as defamatory by the participant or you. This Group shall be used only for communication and group chat in relation to financial investments, and financial products. The views or comments posted herein by any participant (including any recommendation for investment and/or disinvestment in any financial products including mutual funds) shall be the views and comments of that participant only and shall not be construed to be the views or comments of the Group Admin and/or the Company, or that such view/comments are endorsed by the Group Admin and/or the Company. Further, you agree and acknowledge that any statement made by the Group Admin shall not be construed as investment advice or a recommendation for investment and/or disinvestment in any financial products, including mutual funds. The Company does not provide investment advisory services. The participant agrees and acknowledges that views/comments/suggestions by any other participants in the Groups shall be subject to verification by the participant reading/relying upon such views/comment/suggestion including view/comments/suggestion with respect to any financial product or class of financial products and financial market conditions. The participant agrees and acknowledges that the investments in Portfolio Securities or any other financial products are subject to market risks (including possible loss of the principal amount invested), and the participant shall read all investment/scheme-related documents carefully, and make its own assessment before making any investment/disinvestment decision. You agree to defend, indemnify and hold the Group Admin and/or the Company, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by a third party or any other participant in the Groups, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available in and through the Groups; (b) your use of the Groups; and/ or (c) any violation by you of the Terms of Use. This obligation shall survive the termination or expiration of these Terms of Use or termination of your usage of the Groups by you and due to your removal by the Group Admin. You agree and acknowledge that your personal information including your mobile number disclosed in the Groups may be used by the participants and/or the Groups Admin/the Company to communicate or establish contact with you or for any other purposes. You hereby further unconditionally consent that such communications via SMS/text messaging services and/ or voice call by any other participant, Group Admin/ the Company is (a) upon the request and/or authorization by you, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ under applicable laws including under the guidelines issued by Telecom Regulation Authority of India (“TRAI”) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You shall indemnify the Group Admin and/or the Company against all types of losses and damages incurred by it or its affiliates, ,subsidiaries, directors, officers, employees, agents, partners and licensors due to any action taken by TRAI, access providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you or anyone on the Group Admin and/or the Company or its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors with respect to the intimations mentioned above or due to a wrong number or other contact details provided by you for any reason whatsoever.

16. Posts

The Company may provide and display content on the Platform which features specific articles/write ups by third parties in relation to mutual funds. You hereby agree and acknowledge that such content displayed on the Platform may not represent the views and/or recommendations of the Company and you are required to read the documents carefully before investing in any mutual funds. You may also be allowed to post and comment on such content on the Platform and you hereby undertake to ensure that such comments are not offensive and will comply with applicable laws. All material added, created, submitted, or posted to the Platform by you is solely your responsibility. The Company reserves the right to review any information provided/data uploaded by you on the Platform and delete any information/data that is inconsistent with these Terms of Use.

16. Posts

The Company may provide and display content on the Platform which features specific articles/write ups by third parties in relation to mutual funds. You hereby agree and acknowledge that such content displayed on the Platform may not represent the views and/or recommendations of the Company and you are required to read the documents carefully before investing in any mutual funds. You may also be allowed to post and comment on such content on the Platform and you hereby undertake to ensure that such comments are not offensive and will comply with applicable laws. All material added, created, submitted, or posted to the Platform by you is solely your responsibility. The Company reserves the right to review any information provided/data uploaded by you on the Platform and delete any information/data that is inconsistent with these Terms of Use.

17. General Provisions

A. Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to [email protected] with subject line – ATTENTION: TERMS OF USE. B. Assignment: You may not assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking your consent. C. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. D. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

18. Arbitration

THESE TERMS OF USE (THESE “TERMS OF USE”) CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED "BINDING ARBITRATION AND APPLICABLE LAW" BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST EARNHANCE ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST EARNHANCE IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. THESE TERMS OF USE DEFINE THE RELATIONSHIP BETWEEN MKIX PARTNERSHIP COMPANY (THE “COMPANY” OR “WE” OR “US”) AND YOU, THE PERSON ACCESSING THE EARNHANCE WEBSITE LOCATED AT EARNHANCE.IN (THE “SITE”) AND/OR DOWNLOADING OUR MOBILE APPLICATION (THE “APPLICATION”) AND/OR REGISTERING FOR OUR SERVICES (“YOU” OR “YOUR”). YOU MAY USE THE SERVICES (DEFINED BELOW) ONLY IF YOU CAN FORM A BINDING CONTRACT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE SITE, THE APPLICATION OR SERVICES. YOU MAY USE THE SERVICES ONLY IN COMPLIANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS. We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site and Application. We may terminate these Terms of Use at any time by suspending or terminating access to the Site, Application and/or Services and/or notifying you. You can see when these Terms of Use were last revised by referring to the “Updated” legend above. Your continued use of the Site, Application or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site and Application by our duly authorized representative.

19. Services

By using the Site and/or Application, you can use our interactive platform to obtain various investment Research & Reports(collectively, the “Services”). Our Services allow you to open an account to participate that we will manage at your direction in accordance with the wrap fee program we sponsor (the “Program”), to provide information about your financial situation and risk preferences, and, based on the information you provide, to obtain automated investment regarding the selection of a portfolio within the Program. We are always working on new ways to improve our Services. We reserve the right to modify or change our Site, the Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site, the Application or any Services. IF YOU DECIDE TO OPEN AN ACCOUNT IN THE PROGRAM, YOU MUST ENTER INTO AN EARNHANCE T&Cs, WHICH INCLUDES AN RESEARCH PORTFOLIO WITH US AND A BROKERAGE AND WITH OUR AFFILIATE (COLLECTIVELY, THE “AGREEMENTS”). YOU ACKNOWLEDGE AND AGREE THAT, IF YOU OPEN AN ACCOUNT IN THE PROGRAM AND ANY TERM IN THESE TERMS OF USE CONFLICTS WITH THE AGREEMENTS, THE AGREEMENTS SHALL CONTROL OVER THESE TERMS OF USE.

20. Wait List

Prior to the launch of features of the Program, we may provide an opportunity for visitors to the Site to enter their email to join a wait list of visitors who wish to receive further information as such feature gets under way (a “Wait List”). If you join any Wait List, you acknowledge and agree that joining such Wait List does not and will not make you our client (or a customer of any of our affiliates), obligate us to provide you any services, or create any other legal or regulatory duty on our part, other than the duty to exercise reasonable care to protect your email in accordance with our Privacy Policy. Agreement with Respect to Terms of Use These Terms of Use constitute a legally binding agreement between the Company and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time on the acorns.com website. Additional terms, including without limitation those set forth in the Agreements, may govern your use of certain Web pages within the Site or sections within the Application. In the event that any provision, term or guideline contained on a particular Web page in the Site or section of the Application conflicts with these Terms of Use, the terms of such Web page or section shall control over these Terms of Use. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms and Conditions, together with the Privacy Policy and terms governing any individual Web page or Application feature, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of the Site, the Application and/or Services.

21. Registration

Certain features or services offered on or through the Site and Application may require you to open an account and set up a profile, providing certain personally-identifiable information, including but not limited to your name, your social security number or other tax identification number, your address, your email address, and certain information about your financial situation and risk preferences (collectively, your “Client Information”). We reserve the right to restrict certain areas of information on the Site and Application to such registered users. You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Site and/or Application by you. We are committed to your privacy, and our privacy policy (the “Privacy Policy”), the terms of which are incorporated herein, explains the policies put in place and used by us to protect your Client Information and your privacy as you visit and use the Site and/or Application and use our Services. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password, or account. The Company will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless the Company and its managing members, officers, equity holders, employees, partners, parents, subsidiaries, agents, affiliates, and licensors (collectively, "Affiliates"), as applicable, for any improper, unauthorized or illegal uses of your account and as otherwise set forth in these Terms of Use.

22. Promotions and Referrals

We may, at our sole discretion, make available promotions with different features to any users or prospective users of our Site, Application or Services. These promotions, unless made to you, shall have no bearing whatsoever on your relationship with us. From time to time, we may offer you with incentives to refer new users to our Site, Application or Services. These incentives may come in the form of reward shares, and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives at our sole discretion. We reserve the right to withhold or deduct reward shares or other benefits obtained through a promotion the event that we determine or believe that the receipt of the reward or benefit was in error, fraudulent, illegal, or in violation of these Terms of Use or an applicable referral agreement or program agreement.

23. Alerts and Notifications

As part of the Services, or in connection with the actions necessary to apply for the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, Two-Factor Verification, suspicious activity alerts, or money movement confirmations). We may also periodically send you emails that directly promote the Services and Program (for example, new offerings or features we provide, recommendations, special offers or promotions). When you receive such promotional emails from us you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the email you receive. When you access the Site, the Application or any of the other features of the Program through a mobile network, your network or roaming provider’s messaging data and other rates and fees may apply. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from Acorns. Acorns and Carriers are not liable for delayed or undelivered messages.

24. Use and Restrictions

1.Content and Materials All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site or Application (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content, the Site and the Application are owned by the Company and its Affiliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms of Use, no part of the Site, the Application or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site, the Application and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Site, the Application and Services, including all related intellectual property contained therein. Certain features of the Services allow you to upload, post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms of Use. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately transmitted. Any use or reliance on any Content or Materials of other users posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate. 2. Links to Other Sites The Site, Application and Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon your Client Information or the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Site or Application. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 3. Permitted Uses Subject to the provisions in these Terms of Use, you may use the Site and Application for non-commercial purposes to: (i) learn about the Program; (ii) learn about the Program, our investment advisory strategies, methods, and algorithms, the portfolios we have developed, and the securities that comprise those portfolios; (iii) enter into the Agreements; (iv) open an account to participate in the Program; (v) Chose Portfolio in accordance with the terms and conditions with your Investment Advisory; (vi) select a portfolio among the various portfolios we develop; (vii) modify your selected portfolio and your selection among the portfolios to the extent provided in your Agreement with us; (viii) initiate requests to deposit money for investment in the Program or to sell securities and withdraw money invested in the Program; (ix) access statements and confirmations regarding transactions in connection and the value of your account in the Program; (x) access and print or download copies of the current version of these Terms of Use, the Agreements, and other documentation relating to the Program; and (xi) make such other use of the Site and Application as we may expressly permit from time to time in furtherance of the objectives and growth of the Program. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site, the Application and their respective Content and Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through the Site and Application shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Site or Application may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Site or Application and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Site or Application. You have no right or claim of right to the Content or any unique ideas found on the Site or Application. No ownership rights are granted to you hereunder and no title is transferred hereby. 4. Prohibited Uses You may not use the Site, Application or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making disparaging comments to any user of the Site or Application. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site, the Application and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site, the Application and Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, the Application and Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Application or Services; (f) “frame” or “mirror” any portion of the Site, Application or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application or Services; (h) harvest or collect information about or from other users of the Site, Application or Services; (i) use the Site, Application or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site or Application, nor breach the security or authentication measures on the Site or Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Application, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

25. Warranties, Disclaimers and Limitations of Liability

1. Your Warranties You represent and warrant to the Company that (a) all information, including, without limitation, Client Information, that you provide to us is accurate and truthful, (b) you have the authority to share Client Information with us and to grant us the right to use Client Information as provided in these Terms of Use and Privacy Policy, (c) you have the right to grant us the licenses specified in the Section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Site and/or Application pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (e) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person. 2. Disclaimer of Warranties ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE SITE AND APPLICATION, THE SITE AND APPLICATION AND ALL RESPECTIVE PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE, THE APPLICATION AND THEIR RESPECTIVE CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SITE AND APPLICATION AND THEIR RESPECTIVE CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY AND (5) THAT ACCESS TO OR USE OF THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE, THE APPLICATION AND THEIR RESPECTIVE CONTENT IS AT YOUR OWN RISK AND THE COMPANY MAKES NO WARRANTIES. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, THE APPLICATION AND THEIR RESPECTIVE CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD THE APPLICATION OR ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. Your reliance upon the information available on the Site or Application or located through utilization of the Services and your interactions with third users identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site, the Application or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, Application and Services, or any portion of the Site or Application; (2) to modify or change the Site, Application or Services, or any portion of the Site, Application or Services, and any applicable policies or terms (except as described in the Privacy Policy); and (3) to interrupt the operation of the Site, Application and/or provision of Services, or any portion of the Site, Application or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes. THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE. 3. Limitation of Remedies IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, APPLICATION OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, USE OF THE APPLICATION OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND ALL OTHER USE OF THE SITE OR APPLICATION, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND UNINSTALL THE APPLICATION.

26. Indemnification

1. Content and Materials You will indemnify and hold the Company and its Affiliates harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site, the Application and/or Services or your misuse or abuse of the Site, Application and/or Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site, Application or Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms of Use. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE COMPANY AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY PROVISIONS OF THESE TERMS OF USE. 2. Binding Arbitration and Applicable Law Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Arbitration Authority ,in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and Court etc; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence. YOU AGREE THAT, IF YOU DECIDE TO OPEN AN ACCOUNT IN THE PROGRAM, YOUR RELATIONSHIP WITH US WILL BE GOVERNED BY THE PRE-DISPUTE ARBITRATION CLAUSE IN THE AGREEMENTS. THE PRE-DISPUTE ARBITRATION CLAUSE IN THE AGREEMENTS PROVIDES FOR DISPUTE RESOLUTION SERVICES PROVIDED BY THE FINANCIAL INDUSTRY REGULATORY AUTHORITY. YOU FURTHER AGREE THAT, IF YOU DECIDE TO OPEN AN ACCOUNT IN THE PROGRAM, THE PRE-DISPUTE ARBITRATION CLAUSE IN THE AGREEMENTS SUPERSEDES THE ARBITRATION PROVISIONS OF THESE TERMS OF USE. These Terms of Use are governed by the laws of Delaware without regard to conflicts of laws principles. Access or use of the Site and/or Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or accessing or using the Site, the Application or their respective contents. The Company’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site and/or Application or information provided to or gathered by the Company with respect to such use. 3. Interpretation If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the email [email protected] and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the India and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. The term of these Terms of Use will continue for as long as we allow you access to and use of the Site, the Application and/or Services. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use. Questions? Contact us at [email protected]