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Terms & conditions

TERMS AND CONDITIONS

Effective Date: 20-Sep-2025

Last Updated : 30-Oct-2025

Jurisdiction : Sawantwadi, Sindhudurg, Maharashtra, India

This Terms and Conditions Agreement (“Agreement”) constitutes a legally enforceable contract between the individual or entity using the Services (“User”, “Client”, “you”, or “your”) and MindStocs, a proprietorship engaged in the development and delivery of software and automation solutions (“Company”, “we”, “us”, or “our”). This Agreement governs your access to and use of the MindStocs software platform, dashboards, automation systems, VPS integrations, indicators, APIs, web applications, and all related SaaS-based technology components (collectively, the “Services”).

By accessing, registering for, subscribing to, or using any part of the Services, you acknowledge that you have read, understood, and expressly agree to be bound by the terms of this Agreement. If you do not agree, you must not access or use the Services in any capacity.

The Company operates exclusively as a technology and software provider. The Services are limited to the provision of algorithmic tools, automation interfaces, and digital infrastructure. The Company does not:

(a) provide financial, investment, or trading advice

(b) execute orders or manage User funds

(d) act as broker, intermediary, portfolio manager, or investment platform

(e) offer capital protection, pooled funds, or payout-based products

All financial decisions, trading activity, brokerage relationships, capital allocation, and associated risks remain solely and entirely the User’s responsibility.

This Agreement has been drafted in alignment with the Indian Contract Act, 1872, the Information Technology Act, 2000 (including Section 10A relating to electronic contracts), the Digital Personal Data Protection Act, 2023, the Consumer Protection (E-Commerce) Rules, 2020, and other applicable laws governing SaaS and digital technology services in India.

By proceeding, you confirm that you have the legal capacity to enter into this Agreement and that the Services will be used strictly in accordance with the terms set out herein.

1. DEFINITIONS

1.1 “Platform” refers to the complete MindStocs software ecosystem, including the website, dashboards, automation tools, VPS integrations, API modules, user portals, mobile interfaces, and all other digital services operated or controlled by the Company.

1.2 “Company”, “MindStocs”, “we”, “us”, or “our” refers to MindStocs, a proprietorship operating under Indian law, providing subscription-based access to software, automation infrastructure, and other SaaS solutions.

1.3 “User”, “Client”, “Subscriber”, “you”, or “your” refers to any individual or legal entity that registers, accesses, purchases, or uses any part of the Platform or its Services.

1.4 “Services” means the software-based tools and digital solutions made available by the Company, including but not limited to algorithmic automation systems, indicators, dashboards, VPS access, APIs, analytics modules, and any other SaaS-feature deployed through the Platform.

1.5 “Subscription Fee” means the consideration paid by the User exclusively for software access. It is not a deposit, investment, pooled capital, financial product, or return-linked contribution.

1.6 “Activation” refers to the event in which:

(a) the User has paid the Subscription Fee,

(b) the User has submitted all required details, and

1.7 “Software Access Period” means the duration of licensed usage granted to the User under the selected subscription plan.

1.8 “Digital Signature” refers to legally binding consent confirmed through OTP validation, checkbox acceptance, timestamp logs, IP logs, and database records, enforceable under Section 10A of the Information Technology Act, 2000.

1.9 “VPS” (Virtual Private Server) means a remote hosting environment optionally provided or recommended by the Company for uninterrupted execution of automation tools.

1.10 “OTP” (One-Time Password) means an electronic authentication code used to verify identity, consent, and contract acceptance.

1.11 “Business Days” means Monday to Friday, excluding officially declared public holidays in India.

1.12 “Third-Party Services” refers to independent service providers including but not limited to brokers, payment gateways, VPS vendors, cloud platforms, and API partners that are not owned or operated by the Company.

1.13 “Grievance Officer” refers to the individual appointed by the Company in compliance with the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000, responsible for handling complaints and regulatory matters.

1.14 “Confidential Information” means all proprietary data, source code, software logic, documentation, templates, or internal material belonging to the Company that is not publicly accessible.

1.15 “Applicable Laws” includes, without limitation, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Indian Contract Act, 1872, the Consumer Protection Act, 2019, and any other statutory regulations governing SaaS and digital technology services in India.

2. ELIGIBILITY & LEGAL CAPACITY

2.1 The Platform may only be accessed or used by individuals who are at least eighteen (18) years of age and who are legally competent to enter into a valid and enforceable contract under the Indian Contract Act, 1872.

2.2 Where the User accesses the Platform on behalf of a company, firm, or other legal entity, the User represents and warrants that they are duly authorised to bind such entity to this Agreement.

2.3 Access to the Platform is strictly prohibited for:

(a) minors

(b) persons who are legally incapacitated

(d) individuals residing in jurisdictions where use of the Services is unlawful

2.4 By accessing, registering, or using the Platform, the User confirms full legal capacity, assumes complete responsibility for compliance with all contractual obligations, and undertakes liability for all actions performed under their account.

2.5 The Company reserves the right to deny or restrict access to any User who fails to meet the eligibility requirements set out in this Clause.

2.6 The Platform shall not be used for any activity that requires registration, licensing, or compliance under SEBI, RBI, PMS, AIF, FIU, or any financial regulatory framework. The Company is a software provider only and does not permit the use of its Services for regulated financial, advisory, brokerage, or fund-management activities.

3. USER REGISTRATION & ACCOUNT CREATION

3.1 Access to the Platform requires successful registration by the User, including the submission of accurate personal details, a valid email address, a verified mobile number, and completion of OTP-based authentication.

3.2 The Company reserves the right to request KYC (Know Your Customer) documentation or identity verification where required under law, or where necessary to prevent fraud, misuse, or unauthorised activity.

3.3 Each User is permitted to maintain only one registered account on the Platform. Accounts created using false information, multiple identities, or proxy ownership may be suspended or permanently terminated.

3.4 The User is solely responsible for safeguarding account credentials, including login passwords, registered email access, OTP delivery channels, and device security. Any action taken through the User’s account shall be deemed to have been performed by the User.

3.5 The Company may suspend, restrict, or terminate account access, with or without prior notice, if fraudulent activity, identity mismatch, unauthorised access, or violation of this Agreement is suspected.

3.6 The User agrees that registration data, OTP logs, and login history maintained by the Company shall serve as valid legal evidence in case of dispute under the Information Technology Act, 2000 and the Indian Evidence Act, 1872.

3.7 Completion of OTP verification during registration shall be treated as a legally binding digital signature under Section 10A of the Information Technology Act, 2000. No physical signature or paper document is required for contract validity.

4. OTP CONSENT & DIGITAL CONTRACT EXECUTION

4.1 The User acknowledges that subscription activation, account access, or continued use of the Platform becomes legally binding upon successful OTP verification and acceptance of this Agreement.

4.2 The User expressly agrees that OTP validation, checkbox confirmation, clickwrap acceptance, or any form of electronic acknowledgement shall constitute a valid and enforceable “electronic signature” under Section 10A of the Information Technology Act, 2000.

4.3 The User further agrees that the following digital records maintained by the Company shall be treated as legally admissible evidence of consent and contract execution:

(a) OTP submission logs

(b) IP address records

(d) timestamp logs and server metadata

(e) access, login, and acceptance history

4.4 No handwritten, ink-signed, or physical signature is required for the validity, enforceability, or performance of this Agreement.

4.5 The User waives any claim that this Agreement is unenforceable solely on the grounds that it was executed electronically.

4.6 The User agrees that initiation of a payment dispute, chargeback, or reversal after successful OTP-based consent shall be treated as intentional contract breach and digital fraud, and the Company reserves the right to pursue legal recovery, account suspension, and blacklisting.

5. NATURE OF SERVICES (SOFTWARE ONLY)

5.1 The Company operates exclusively as a software and automation service provider. The Platform offers digital tools, algorithmic systems, and technology infrastructure for execution automation and analytics. It is not a financial, investment, advisory, brokerage, or fund-management service.

5.2 The Company does not, under any circumstance:

(a) manage or handle User funds

(b) pool capital or collect investments

(d) issue payouts, returns, or profit-based distributions

(e) provide financial, investment, trading, or taxation advice

(f) guarantee profit, performance, or success of any strategy

(g) promise capital protection, assured benefits, or fixed outcomes

5.3 All trading, risk-taking, brokerage activity, account funding, order placement, position management, and financial exposure are entirely and exclusively controlled by the User through their independent broker account.

5.4 The Platform is a technology service and shall not be construed as:

(a) a SEBI-registered intermediary

(b) a PMS (Portfolio Management Service)

(d) a collective investment scheme

(e) a deposit or return-based program

(f) a financial service regulated by SEBI, RBI, IRDAI, PFRDA, or any similar authority

5.5 The User acknowledges that the Company provides only software access and does not participate in or influence the User’s financial decisions, trading methodology, capital deployment, or market exposure.

5.6 The User agrees that any integration with broker APIs, exchanges, or third-party market platforms is performed at the User’s sole discretion and risk, and such integrations do not alter the software-only nature of the Services.

5.7 Any VPS service, whether recommended or facilitated by the Company, is operated by an independent third-party vendor. The Company does not control, own, or guarantee VPS uptime, connectivity, latency, execution speed, data safety, or server performance. The User assumes full responsibility for all trading or automation activity executed through any VPS environment.

6. SUBSCRIPTION & PAYMENT TERMS

6.1 The Subscription Fee is strictly a software access fee. It shall not, under any circumstances, be treated as a deposit, investment, pooled capital, security, or return-linked contribution.

6.2 The Subscription Fee is payable 100% in advance before Activation. No instalments, deferred payments, or post-usage billing are permitted unless expressly approved in writing by the Company.

6.3 Subscription becomes legally binding only after:

(a) the User completes payment,

(b) the User submits all required software activation details, and

6.4 Refund Policy: A refund is permitted only when ALL the following conditions are met:

(a) the User has completed full payment,

(b) the User has submitted all required activation details, and

(c) the Company fails to activate/install the software within seven (7) Business working days (Non-including weekends and holidays) from the date of detail submission.

No refund is permitted after Activation, install, or delivery of software credentials under any circumstance, including performance-based complaints.

6.5 Refunds, where eligible, will be processed only to the original source of payment within 7–10 Business Days, subject to banking timelines. No cash or alternative payout method will be provided.

6.6 Chargebacks: Any payment dispute, reversal, or chargeback raised after OTP consent and Activation shall be treated as intentional digital contract fraud. The Company reserves the right to:

(a) suspend or permanently disable the User account,

(b) blacklist the User across all Company platforms,

(d) initiate civil and/or criminal recovery proceedings.

6.7 GST and any other statutory tax shall apply as per Indian law. If GST becomes applicable, invoices will be issued in compliance with CGST/SGST rules. Subscription Fees are exclusive of tax unless stated otherwise.

6.8 Payments shall be made only through authorised, RBI-regulated payment channels. The following modes are strictly prohibited:

(a) cryptocurrency or virtual digital assets

(b) cash payments

(d) wallet-to-wallet or untraceable transfers

(e) third-party payments not matching the registered User

6.9 The Company is not responsible for failed, delayed, or declined payments due to banking, server, gateway, or regulatory issues beyond its control.

6.10 Subscription validity begins only on the date of Activation (not the date of payment) and continues for the Software Access Period selected by the User.

6.11 No refund, extension, pause, or credit is permitted for:

(a) User error or ignorance of features,

(b) change of personal circumstances,

(d) broker/API/VPS outage or market disruption,

(e) “unused” or “partially used” subscription periods.

7. REFUND CONDITIONS

7.1 The User acknowledges that Subscription Fees are nonrefundable once the software is activated, installed, or access credentials have been issued. No refund, partial refund, or credit shall be provided after Activation under any circumstance.

7.2 A refund shall be eligible only when ALL the following conditions are satisfied:

(a) the User has completed full payment,

(b) the User has submitted all required onboarding and activation details, and

(c) the Company fails to activate or install the software within seven (7) Business working days (Non-including weekends and holidays) from the date of detail submission.

7.3 The following reasons shall NOT qualify for refund, cancellation, fee reversal, or compensation:

(a) change of mind, financial situation, or personal decision

(b) dissatisfaction with speed, UI, software logic, output, or strategy results

(d) VPS downtime, broker outage, API failure, internet issue, or third-party disruption

(e) “I did not use the software” or “I used it only for a few days”

(f) expectation of profit, ROI, advisory, or assumed features not guaranteed by the Company

7.4 Refund requests must be raised only by email to support@mindstocs.com. Requests sent through WhatsApp, calls, SMS, social media, or informal channels will not be considered valid.

7.5 Where a refund is approved, it will be processed only to the original source of payment within 7–10 Business Days, subject to banking or gateway timelines. No alternative account, wallet, or third-party recipient will be permitted.

7.6 Once Activation is completed, the User permanently waives the right to dispute payment, initiate chargeback, or claim refund on performance, usability, opinion-based, or expectation-based grounds. No exception applies except where mandated by non-waivable Indian law.

8. PROHIBITED USE & ACCOUNT MISUSE

8.1 The User shall not engage in any of the following activities, whether directly, indirectly, or through any third party:

(a) share, disclose, sell, lease, or transfer account access, login credentials, or dashboard credentials to any other person or entity

(b) copy, clone, reverse engineer, decrypt, modify, extract, decompile, or attempt to derive the source code or internal logic of the Platform

(c) reproduce, screenshot, screen-record, redistribute, broadcast, or commercially exploit any part of the Platform, including dashboards, UI, logic, VPS setup, or automation workflow

(d) resell, sublicense, white-label, rent, outsource, or offer Platform access to others without prior written authorization from the Company

(e) use the Platform for any unlawful, unauthorized, fraudulent, or regulatory-prohibited activity, including illegal trading, market manipulation, or bypassing broker compliance

(f) impersonate the Company, its representatives, employees, or other Users for any purpose

(g) attempt to bypass authentication, licensing, or security systems, including VPN masking, multi-login spoofing, or device manipulation

(h) use the Platform to promote or operate competing software or automation solutions

(i) use scripts, bots, or automated methods to misuse or overload the Platform’s infrastructure

(j) modify or remove proprietary notices, copyright labels, or intellectual property identifiers

(k) use a single subscription, license, or VPS setup to operate trading activity for multiple client accounts, pooled users, funded accounts, or any form of commercialized multi-user execution.

8.2 Any violation of this Clause shall result in immediate suspension or permanent termination of account access without refund, compensation, or reinstatement rights, at the sole discretion of the Company.

8.3 The Company reserves the right to initiate civil, criminal, or cyber law action against any User found engaging in unauthorized distribution, reverse engineering, piracy, scraping, data theft, or IP infringement.

8.4 Attempted violation shall be treated as an actual violation for the purposes of this Agreement.

8.5 The User agrees that breach of this Clause causes irreversible commercial and reputational harm to the Company, and monetary damages may be pursued in addition to termination.

8.6 Any unauthorised resale, shared usage, or redistribution of the Platform shall be treated as software piracy and will be prosecuted under the Information Technology Act, 2000 and the Indian Copyright Act, 1957.

9. VPS & THIRD-PARTY INTEGRATION

9.1 The Platform may require or recommend the use of a Virtual Private Server (“VPS”) or other third-party infrastructure for continuous or unattended automation. The User acknowledges that VPS is an external technical environment and not a core component of the Company’s software.

9.2 The User is fully and exclusively responsible for:

(a) VPS subscription, setup, and maintenance

(b) operating system configuration and software installation

(d) broker API authentication, API key handling, and login management

(e) protection of passwords, credentials, and session access

9.3 The Company shall not be liable for any failure, loss, delay, or disruption arising from third-party systems, including but not limited to:

(a) VPS downtime, lag, freezes, or hardware interruption

(b) broker platform outages, execution errors, or rate-limit restrictions

(d) hosting provider failure, cloud service interruptions, or datacenter malfunction

(e) User misconfiguration, accidental shutdowns, or resource exhaustion

9.4 The User agrees that any dependency on VPS, broker APIs, cloud hosting, or other third-party tools is entirely at their own discretion and risk, and does not create any liability, obligation, or service guarantee on the part of the Company.

9.5 The Company is not responsible for regulatory compliance, encryption standards, log retention, or data handling practices of any third-party provider used by the User.

9.6 Failure of VPS, broker API, or external infrastructure shall not constitute:

(a) nondelivery of software

(b) service failure

(d) liability claim against the Company

9.7 Any assistance the Company provides for VPS setup or broker integration is voluntary, noncontractual, and strictly limited to basic guidance. It does not create advisory responsibility, technical warranty, or managed service obligations.

9.8 Where the Company facilitates access to a shared VPS environment, such access is provided only as a convenience and is not a dedicated or isolated server. Users who require a private or fully dedicated VPS must purchase it directly from an independent vendor of their choice. The Company does not guarantee privacy, uptime, speed, or performance in any shared VPS environment.

9.9 The Company does not provide continuous monitoring, supervision, or troubleshooting of any VPS. The User is solely responsible for restarting terminals, updating software, reconnecting APIs, and ensuring uninterrupted execution.

10. INTELLECTUAL PROPERTY OWNERSHIP

10.1 All software, source code, scripts, automation logic, dashboards, algorithms, UI/UX components, API frameworks, design assets, documentation, and any other proprietary material made available through the Platform are and shall remain the exclusive intellectual property of the Company.

10.2 The User is granted a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Platform solely for the duration of the active Subscription and strictly in accordance with this Agreement.

10.3 No ownership rights, title, or IP interest are transferred to the User at any point, whether by purchase, subscription, access, modification, or usage of the Platform.

10.4 The User shall not, without prior written consent of the Company:

(a) copy, reproduce, clone, resell, or redistribute any part of the Platform

(b) reverse engineer, decompile, disassemble, or derive source logic

(d) remove or alter any copyright, trademark, or proprietary notice

(e) attempt to build a competing product using the Company’s IP

10.5 Any unauthorised use, reproduction, disclosure, sale, distribution, or leakage of the Company’s intellectual property shall constitute a civil and criminal offence under:

(a) Copyright Act, 1957

(b) Information Technology Act, 2000

10.6 The Company reserves the right to initiate legal, injunctive, and monetary damage claims against any User or third party found violating IP rights, including recovery of legal fees, statutory penalties, and losses arising from misuse.

10.7 All trademarks, brand names, service marks, design marks, domain names, and product identifiers associated with MindStocs remain the sole property of the Company and may not be used without written authorization.

10.8 Any export of templates, preset files, configuration settings, strategy logic, parameter sheets, or dashboard data for the purpose of resale, distribution, or use in competing software is strictly prohibited and shall be treated as IP theft.

10.9 The User agrees that any unauthorised disclosure of proprietary logic, including sharing screenshots, videos, recorded sessions, or code snippets on social platforms, shall constitute copyright violation and trade secret breach.

11. USER RESPONSIBILITY & RISK

11.1 The User acknowledges and agrees that all trading activity, financial decisions, funding, withdrawals, broker interaction, and execution of strategies are conducted entirely through the User’s own independent trading account, under their sole discretion and control.

11.2 The User bears 100% responsibility for:

(a) their trading capital and position sizing

(b) their broker account credentials, API keys, and configurations

(d) all profits, losses, drawdowns, or account wipeouts

(e) compliance with applicable exchange, broker, or regulatory rules

11.3 The Company does not:

(a) manage, handle, or access trading capital

(b) intervene in execution, trade timing, or broker settlement

(d) guarantee profitability, accuracy, uptime, or performance outcomes

(e) assume liability for market movement, slippage, latency, or volatility

11.4 The User expressly understands that:

(a) algorithmic trading carries inherent financial risk

(b) past performance, backtests, or illustrations do not guarantee future results

(d) the software is a tool, not a risk-mitigation or capital-protection mechanism

11.5 By using the Services, the User irrevocably agrees that the Company shall not be held liable — directly or indirectly — for:

(a) loss of capital or unrealised profit

(b) execution errors or missed orders caused by broker, API, or exchange

(d) trading decisions made based on software indicators, automation logic, or platform data

11.6 The User further confirms that they are entering into market participation at their own risk and judgment, and will seek advice from SEBI-registered financial professionals if required.

11.7 No part of the Platform, including dashboards, automation flows, indicators, signals, alerts, or analytics, shall be interpreted as financial advice, investment guidance, trade recommendation, research report, or advisory opinion under SEBI regulations. All outputs are software-generated and must not be relied upon as a basis for financial decisions.

11.8 The User confirms that they are not purchasing the software for the purpose of fixed income, passive earnings, profit assurance, or return-based expectation. Any such assumption is expressly disclaimed by the Company.

12. NO FINANCIAL REGISTRATION / NO ADVISORY STATUS

12.1 The Company operates exclusively as a software and automation service provider. It is not registered, licensed, or regulated by:

(a) Securities and Exchange Board of India (SEBI)

(b) Reserve Bank of India (RBI)

(d) Financial Intelligence Unit – India (FIU-IND)

(e) Any stock exchange, investment authority, or financial regulator in India or abroad

12.2 The Services do not constitute:

(a) investment advisory

(b) portfolio management

(d) collective investment scheme

(e) deposit-taking or capital pooling activity

12.3 No part of the Platform, dashboard, strategy logic, or automation output shall be interpreted as:

(a) financial advice

(b) buy/sell recommendation

(d) capital protection or loss reimbursement

12.4 The User confirms that no fiduciary, advisory, or trust-based relationship is created by accessing or using the Platform.

12.5 All trading and financial decisions are made solely by the User. The Company is a software provider, not a financial service provider within the meaning of any SEBI, RBI, IRDAI, or PFRDA regulation.

12.6 The User agrees not to represent, market, or portray the Company as a SEBI-registered advisor, PMS provider, algo broker, research analyst, or regulated financial intermediary. Any such misrepresentation by the User shall be treated as a material breach and may result in immediate termination of access without refund.

12.7 The User understands that any investment, tax, or trading decision must be taken only after consulting a SEBI-registered professional, and that the Company is legally prohibited from offering such advice.

13. SERVICE AVAILABILITY & MAINTENANCE

13.1 The Company endeavours to provide stable and uninterrupted access to the Platform; however, continuous uptime is not guaranteed. Scheduled maintenance, system upgrades, security patches, and version releases may temporarily interrupt access.

13.2 Planned maintenance windows, where feasible, will be notified in advance through email, dashboard alerts, or official communication channels.

13.3 Temporary unavailability of Services due to maintenance, updates, or performance optimisation shall not be considered a service failure, breach of contract, or ground for refund or compensation.

13.4 The Company shall not be liable for access issues, interruptions, or delays arising from:

(a) third-party hosting providers

(b) VPS or cloud server outages

(d) internet or network instability on the User’s side

(e) cyberattacks, DDoS attempts, firewalls, or security incidents

(f) force majeure events, including power failure, natural disasters, or government restrictions

13.5 The User acknowledges that automation performance depends on external systems including broker APIs, exchange connectivity, VPS uptime, and internet stability, all of which lie outside the Company’s control.

13.6 The Company may temporarily suspend access to any feature, module, or integration for security, compliance, or technical reasons without prior notice, and such suspension shall not trigger refund eligibility.

13.7 The User agrees that temporary downtime, latency, update delays, or disconnections — whether caused by the Platform, VPS, broker API, or internet infrastructure — shall not result in refund, compensation, loss recovery, or extension of the Subscription Period.

13.8 The Company does not provide lifetime access, perpetual uptime, or guaranteed continuity of any specific feature, broker integration, or automation method. Features may be modified, replaced, or discontinued at the Company’s discretion.

14. DATA PRIVACY & DPDP ACT COMPLIANCE

14.1 The collection, storage, processing, and retention of User data is carried out in accordance with the Digital Personal Data Protection Act, 2023 (“DPDP Act”), the Information Technology Act, 2000, and all applicable data protection rules enforceable in India.

14.2 The Company collects only the minimum data necessary for:

(a) account creation and authentication

(b) subscription management and invoicing

(d) legal compliance and fraud prevention

14.3 Sensitive identifiers such as passwords, API keys, access tokens, and authentication credentials are encrypted or tokenised before storage. The Company does not store raw broker login details in plain text at any time.

14.4 The User has the right to:

(a) request access or a data export file

(b) request correction of inaccurate data

(d) withdraw consent for nonessential data processing

14.5 Data will not be sold, shared, rented, or transferred to advertisers, data brokers, or unauthorised third parties.

14.6 Disclosure of User data may only occur under:

(a) a valid court order

(b) a lawful direction from a Government authority

14.7 In the event of a data breach involving personal data, the Company will notify affected Users and the Indian Computer Emergency Response Team (CERT-In) in accordance with law.

14.8 The Company is not liable for data loss, leaks, or compromise caused by:

(a) User negligence (e.g., weak passwords, shared devices, exposed API keys)

(b) third-party broker systems, VPS platforms, or external service providers

14.9 Users may contact the Company’s designated Data Protection / Grievance Officer for any privacy-related request, clarification, or statutory exercise of rights.

14.10 The designated Data Protection & Grievance Officer for the purposes of the DPDP Act, 2023 and the Information Technology Act, 2000 is:

Name: Jackson Albert Fernandes

Email: support@mindstocs.com

Jurisdiction: Sawantwadi, Sindhudurg, Maharashtra, India

14.11 Withdrawal of consent shall not affect the lawfulness of data processing already carried out prior to such withdrawal, nor shall it exempt the User from contractual or payment obligations already incurred.

15. CONFIDENTIALITY

15.1 All proprietary materials, including but not limited to source code, algorithms, automation logic, dashboards, scripts, APIs, VPS setups, internal documentation, system architecture, and performance data (“Confidential Information”), are the exclusive confidential property of the Company.

15.2 The User agrees not to:

(a) disclose, share, publish, or distribute Confidential Information

(b) copy, extract, scrape, or reproduce internal systems or processes

(d) reverse-engineer, decompile, or attempt to replicate the Platform

15.3 Confidentiality obligations apply regardless of:

(a) whether access was granted intentionally or accidentally

(b) whether the information was received verbally, digitally, visually, or by login access

15.4 Any unauthorised disclosure, leak, resale, sharing, recording, screen-capture, or replication of Confidential Information shall constitute:

(a) material breach of this Agreement

(b) immediate grounds for account termination without refund

(c) enforceable cause for civil and criminal legal action under the Copyright Act, 1957, IT Act, 2000, and Indian Contract Act, 1872

15.5 The Company reserves the right to claim financial damages, injunctive relief, and forensic investigation costs in the event of breach.

15.6 Confidentiality obligations survive:

(a) account expiration

(b) subscription cancellation

(d) end of contractual relationship

15.7 Nothing in this clause restricts the Company’s right to protect its intellectual property through copyright notices, NDAs, litigation, or cyber-forensic action.

15.8 Confidential Information may not be shared even with employees, partners, team members, sub-brokers, clients, or associates of the User unless the Company has granted prior written consent. The license granted is strictly individual and non-transferable.

15.9 Sharing screenshots, videos, training material, or recorded sessions of the Platform on social media, Telegram groups, YouTube, or any public or private community shall be treated as an intentional confidentiality breach.

16. LIMITATION OF LIABILITY

16.1 The Platform and all Services are provided strictly on an “as-is”, “as-available”, and “best-effort” basis, without any warranties, guarantees, assurances, or representations of any kind, whether express, implied, statutory, or otherwise.

16.2 Without limiting the generality of the above, the Company expressly disclaims all warranties relating to:

(a) accuracy, reliability, or performance of automation logic

(b) real-time execution, latency, or uptime consistency

(d) uninterrupted access to servers, APIs, dashboards, or VPS systems

(e) avoidance of financial loss, slippage, volatility, or execution delay

16.3 Under no circumstance shall the Company be liable for:

(a) trading losses, market losses, or loss of user capital

(b) indirect, incidental, special, consequential, or punitive damages

(d) failure of third-party systems, brokers, VPS hosts, or payment gateways

(e) errors caused by User settings, negligence, misuse, or technical misconfiguration

16.4 The User acknowledges that:

(a) all market risk is borne solely by the User

(b) automation does not eliminate financial risk

16.5 Aggregate Liability Cap

To the maximum extent permitted by law, the total cumulative liability of the Company, whether arising from contract, tort, negligence, statute, or any legal theory, shall be strictly limited to the total subscription fee actually paid by the User in the preceding twelve (12) months.

16.6 Zero-Fee Liability

If no subscription fee has been paid, the Company’s liability shall be limited to INR 0 (zero).

16.7 Statutory Carve-Out

Nothing in this clause excludes liability where exclusion is prohibited under Indian law (e.g., proven fraud or wilful misconduct).

16.8 This clause survives termination, account expiry, or cancellation of Service.

16.9 The Company shall not be held liable for any loss, damage, execution error, delay, or financial impact arising from broker policies, exchange rules, margin changes, API restrictions, VPS failures, or regulatory actions outside the Company’s control.

16.10 The Company shall not be liable for emotional distress, mental harassment claims, reputational loss, or any non-financial damages alleged by the User in connection with use or non-use of the Platform.

17. NO FINANCIAL, INVESTMENT, OR TRADING ADVICE

17.1 The Company does not provide financial advice, investment advice, trading recommendations, brokerage services, research analysis, wealth management, portfolio management services (PMS), or any form of SEBI-regulated advisory activity.

17.2 All data, charts, indicators, automation logic, strategies, analytics, backtesting modules, or software outputs made available through the Platform are strictly for informational and technological purposes only and shall not be interpreted as:

(a) a buy/sell/hold recommendation

(b) a guaranteed profit strategy

(d) risk-management, hedging, or capital-allocation advice

17.3 The User expressly acknowledges and agrees that:

(a) all trading and investment decisions are fully self-directed

(b) all financial risk, profit, loss, and exposure are solely the User’s responsibility

(d) no feature of the Platform constitutes personalised or general financial advice under SEBI (Investment Advisers) Regulations, 2013

17.4 The User shall not present, market, sell, communicate, or misrepresent the Platform as:

(a) an investment scheme or return-based product

(b) a guaranteed income or profit tool

(d) a tool for soliciting capital or pooling investor funds

17.5 The User agrees that if financial advice is required, it must be obtained only from a SEBI-registered Investment Adviser or other legally authorised professional, not from the Platform or the Company.

17.6 The Company disclaims any legal, financial, or regulatory responsibility for User reliance on software output, automation triggers, performance illustrations, or interpreted results.

17.7 Any interpretation of software output, signals, indicators, alerts, dashboards, or automation results as financial advice is entirely at the User’s own risk and shall not create any advisory liability, suitability obligation, or duty of care on the Company.

17.8 The User shall not use the Platform, its outputs, or any related material for selling tips, providing advisory services, running paid trading groups, or offering decision-based guidance to third parties, whether free or paid. Any such use will be treated as unauthorised commercial exploitation and may result in legal action.

18. USER DATA, PRIVACY & CONSENT

18.1 User Data is collected, processed, and retained in accordance with the Digital Personal Data Protection Act, 2023 (“DPDP Act”), the Information Technology Act, 2000, and all applicable data-protection rules in India.

18.2 By using the Platform, the User provides explicit consent for the collection and lawful processing of the following categories of data:

(a) registration data such as name, email, and mobile number

(b) OTP validation records required for authentication

(d) acceptance logs, usage logs, and system-generated digital evidence

(e) support communication records, if voluntarily shared by the User

18.3 The Company does not sell, rent, trade, or commercially exploit User Data under any circumstance.

18.4 Data may be disclosed only under lawful compulsion, including:

(a) valid court order or judicial direction

(b) statutory or regulatory mandate issued by competent authority

18.5 The User has the right to:

(a) request correction or update of inaccurate data

(b) request a copy or export of stored personal data

(d) withdraw nonessential data consent at any time

18.6 Mandatory Retention

The Company may retain limited User Data after account closure for:

(a) legal compliance

(b) audit and dispute defence

(d) statutory data-retention obligations under Indian law

18.7 The User is responsible for maintaining confidentiality of their own broker credentials, passwords, API keys, and trading account details. The Platform never stores such credentials in plain text.

18.8 Use of the Platform constitutes consent to data processing as described in this Agreement and in the Company’s Privacy Policy, which forms an integral part of this contract. The Privacy Policy published on the Platform (as updated from time to time) is incorporated by reference and forms part of this Agreement.

18.9 The Company’s designated Data Protection / Grievance Officer may be contacted for any privacy-related request or statutory right exercise.

18.10 The User acknowledges that OTP verification and checkbox acceptance constitute valid electronic consent for the purposes of Section 6 of the Digital Personal Data Protection Act, 2023, and such consent is digitally logged and legally enforceable.

18.11 Withdrawal of consent does not affect the lawfulness of data processing already completed and does not exempt the User from contractual, payment, or legal obligations arising prior to such withdrawal.

19. RECORD RETENTION & DIGITAL EVIDENCE

19.1 For the purpose of legal compliance, security, dispute resolution, and contractual verification, the Company shall retain the following system-generated records:

(a) OTP authentication logs and verification history

(b) IP address and device-identification logs

(d) subscription invoices, payment confirmations, and transaction identifiers

(e) email, in-app, and system notification logs relating to account activity

(f) account access records, including login attempts and session logs

19.2 All such electronic records shall be treated as valid and legally enforceable evidence under:

(a) Section 65B of the Indian Evidence Act, 1872

(b) Section 10A of the Information Technology Act, 2000

19.3 The User expressly agrees that:

(a) digital consent is as legally binding as handwritten signature

(b) no wet signature, physical document, or notarisation is required

(c) server logs, database entries, and digital audit trails maintained by the Company shall be considered final, binding, and admissible in any legal, regulatory, or arbitration proceeding

19.4 The Company is not obligated to retain records beyond the mandatory statutory retention period, unless required for ongoing legal, audit, or dispute purposes.

19.5 The User waives any objection to the admissibility of electronically stored records solely on the grounds that they are digital in nature.

19.6 The User acknowledges that server-side logs are system-generated and cannot be altered by the User. In case of any dispute, the Company’s digitally stored records shall prevail over any self-created screenshots, statements, or third-party claims made by the User.

20. THIRD-PARTY INTEGRATION DISCLAIMER

20.1 The Platform may allow or require integration with third-party systems, including but not limited to broker APIs, VPS providers, cloud servers, data feed vendors, and external analytical tools. All such integrations are optional and used entirely at the User’s discretion and risk.

20.2 The Company does not own, operate, control, manage, or guarantee any third-party system and shall not be liable for:

(a) order routing, order execution, trade rejection, or slippage

(b) price feed delays, inaccuracy, latency, or quote mismatch

(d) security, uptime, compliance, or data handling practices of third-party platforms

(e) VPS downtime, hosting failure, or server-side errors

(f) delays, errors, or financial loss arising from integration dependency

20.3 The User acknowledges that all broker-side, exchange-side, VPS-side, and API-side risks fall entirely outside the Company’s scope of service and liability.

20.4 Any dispute, error, financial claim, or operational issue between the User and a third-party provider (including brokers, VPS hosts, gateways, or API vendors) shall be resolved exclusively between those parties, and shall not involve or impose any obligation on the Company.

20.5 Assistance (if any) provided by the Company regarding broker/API/VPS setup is voluntary, noncontractual, and does not create:

(a) advisory responsibility

(b) technical warranty

(d) financial liability

20.6 Failure, malfunction, or termination of any third-party service shall not constitute:

(a) nondelivery of software

(b) service breach by the Company

20.7 The User is solely responsible for ensuring that any third-party service they use complies with applicable law, exchange rules, SEBI regulations, and broker terms of service.

20.8 The User agrees that the functionality of the Platform is independent of any broker, VPS, exchange, or API provider. If any third-party system discontinues service, changes policy, blocks access, or alters its API structure, such event shall not create any refund right, service obligation, or liability for the Company.

20.9 Any optional setup guidance, screen sharing, or remote assistance provided by the Company is offered strictly as a goodwill gesture and does not convert the Platform into a managed service, advisory service, or outsourced trading solution.

21. SERVICE MODIFICATIONS & UPDATES

21.1 The Company reserves the right to modify, enhance, upgrade, patch, redesign, discontinue, or replace any feature, module, interface, workflow, integration, or component of the Platform at any time, with or without prior notice.

21.2 Such modifications may include:

(a) performance improvements or optimisation

(b) security or compliance updates

(d) addition, replacement, or removal of tools, indicators, or automation logic

21.3 The User acknowledges and agrees that updates, feature changes, or version releases shall not give rise to:

(a) refund claims

(b) subscription extensions

(d) compensation, damages, or price adjustment

21.4 The User is solely responsible for maintaining updated system compatibility, including VPS configuration, device/software versions, OS updates, broker API adjustments, and technical dependencies required for continued use.

21.5 Modification of the Platform does not constitute a breach of contract, product degradation, or “service failure” under any circumstance.

21.6 The Company is under no obligation to:

(a) provide backward compatibility

(b) continue any deprecated feature indefinitely

(d) offer training, onboarding, or tutorials for every update

21.7 Continued use of the Platform after an update constitutes automatic acceptance of the modified version.

21.8 The User agrees that no specific feature, broker integration, indicator, automation method, or version is guaranteed to remain available for the entire duration of the Subscription, and the Company retains full product control at all times.

21.9 The Company is not obligated to maintain legacy versions, roll back updates, or provide parallel access to older builds, even if the User prefers a previous version of the software.

22. RENEWAL & EXPIRY

22.1 Subscriptions are time-bound and do not auto-renew unless the User has expressly enabled an authorised recurring payment method or renewal instruction through the Platform or an approved payment gateway.

22.2 Upon expiry of the Subscription:

(a) dashboard access will be disabled

(b) automation tools, APIs, and strategy execution will cease

(d) all associated service privileges will be discontinued

22.3 Expired subscriptions cannot be reactivated, reinstated, or backdated. A fresh subscription purchase is required to restore access.

22.4 Subscription expiry, nonrenewal, or voluntary nonusage by the User shall not entitle the User to:

(a) refund of fees

(b) partial credit or balance carry-forward

(d) retroactive extension or grace period

22.5 The Company is under no obligation to issue reminders of upcoming expiry. The User is solely responsible for renewing access before expiry if they wish to continue using the Services.

22.6 If renewal pricing or plan structure changes, the User shall be subject to the updated pricing and terms at the time of renewal.

22.7 Expiry does not void outstanding legal obligations under this Agreement, including IP protection, confidentiality, indemnity, and payment-related clauses.

22.8 Subscription validity is time-based, not usage-based. The countdown does not pause, stop, or extend due to nonusage, holidays, travel, VPS issues, broker issues, or personal circumstances of the User.

22.9 Where auto-renewal is enabled by the User, the User is responsible for disabling it before the renewal date. Renewal charges already processed will not be reversed or refunded.

23. TERMINATION & SUSPENSION

23.1 The Company reserves the right to suspend, restrict, or permanently terminate the User’s access to the Platform, with or without prior notice, under any of the following circumstances:

(a) breach or violation of any clause of this Agreement

(b) attempted fraud, chargeback, payment reversal, or transactional abuse

(d) reverse engineering, IP violation, data scraping, or platform misuse

(e) noncompliance with applicable law, regulatory order, or government directive

(f) abusive, threatening, defamatory, or unlawful behaviour towards Company staff or systems

(g) suspected bot activity, automation misuse, or multi-device login violation

23.2 In all termination cases arising from User breach, violation, or misconduct, no refund, credit, compensation, or subscription reinstatement shall be issued.

23.3 The Company may, at its sole discretion, suspend services temporarily for security review, compliance investigation, or fraud-prevention purposes without liability.

23.4 The User may voluntarily close or discontinue their account at any time; however:

(a) termination does not qualify for a prorated, partial, or full refund

(b) unused access time is forfeited and cannot be transferred or converted

23.5 Termination of access does not extinguish surviving legal obligations, including but not limited to:

(a) confidentiality and IP protection

(b) payment obligations and chargeback disputes

23.6 If access is terminated due to a payment dispute, chargeback, or reversal, the Company may:

(a) blacklist the User from future services

(b) initiate recovery action for outstanding dues

23.7 The Company is not obligated to disclose internal investigation details or proof before exercising suspension or termination rights.

23.8 Termination or suspension of access, whether initiated by the Company or the User, shall not give rise to any claim for loss of profit, opportunity cost, market loss, business loss, or consequential damages of any kind.

23.9 If a User is terminated for breach, the Company reserves the right to block all future registrations, disable associated email IDs, phone numbers, IP ranges, and payment identifiers, and refuse service permanently.

24. FORCE MAJEURE

24.1 The Company shall not be liable for any delay, interruption, suspension, or failure to perform its obligations under this Agreement where such failure results, directly or indirectly, from circumstances beyond the Company’s reasonable control, including but not limited to:

(a) natural disasters, fire, flood, earthquake, cyclone, or acts of God

(b) server outage, datacenter or cloud infrastructure failure

(d) war, civil unrest, riots, strikes, lockouts, labour disputes, or terrorism

(e) power grid failure, internet backbone disruption, or telecommunication blackout

(f) acts, restrictions, or directives of government, court, or regulatory authority

(g) pandemic, epidemic, lockdown, quarantine restriction, or public emergency

(h) failure of broker APIs, VPS hosts, payment gateway networks, or third-party infrastructure

24.2 A Force Majeure event shall not:

(a) constitute a breach of contract

(b) entitle the User to a refund, credit, extension, compensation, or damages

24.3 The Company shall resume Services as soon as commercially reasonable after the Force Majeure event ceases, but shall not be obligated to provide alternative infrastructure or workaround during the disruption.

24.4 The User acknowledges that automation and SaaS services inherently depend on global internet, power, cloud, and third-party networks, and such dependencies do not create liability for the Company.

24.5 If any Force Majeure event continues for more than sixty (60) consecutive days, the Company may, at its discretion, permanently discontinue affected features without liability.

24.6 The User agrees that Force Majeure does not pause, extend, or reset the Subscription Period. Time continues to run normally even during Force Majeure conditions.

25. INTELLECTUAL PROPERTY RIGHTS – REAFFIRMATION

25.1 All copyrights, trademarks, proprietary algorithms, software code, technical architecture, UI/UX elements, automation logic, and documentation are the exclusive intellectual property of the Company and are protected under applicable Indian IP laws.

25.2 The User receives only a limited, nonexclusive, nontransferable license to use the Platform. No ownership, title, or IP rights are transferred at any time.

25.3 Any unauthorised copying, cloning, redistribution, sublicensing, resale, decompilation, reverse engineering, or extraction of the Platform or its components shall constitute a violation of:

(a) Copyright Act, 1957

(b) Information Technology Act, 2000

25.4 The Company reserves the right to pursue civil damages, criminal complaint, and injunctive relief for any breach of this clause, including recovery of legal costs.

25.5 This clause operates in addition to (and not in substitution of) Clause 10 of this Agreement.

25.6 Any modification, adaptation, alteration, or customised version of the software created by or for the User shall remain the exclusive intellectual property of the Company. No derivative rights are granted to the User.

26. CONFIDENTIALITY – CONTINUING OBLIGATION

26.1 The User reaffirms that all software code, platform architecture, automation logic, triggers, workflows, backend systems, and internal processes constitute Confidential Information as defined under Clause 15 of this Agreement.

26.2 The User shall not disclose, publish, transmit, license, sell, distribute, or otherwise make available any Confidential Information to any third party without prior written authorisation from the Company.

26.3 The obligation of confidentiality:

(a) survives expiry or termination of the subscription

(b) survives deletion of account or closure of access

26.4 Any breach of confidentiality shall be treated as material breach and may result in civil, criminal, and injunctive legal action, in addition to immediate termination without refund.

26.5 This clause is supplemental to, and does not replace, Clause 15 (Confidentiality).

26.6 Confidential Information shall not be shared with employees, partners, staff members, outsourced teams, or business associates of the User unless the Company has granted prior written consent. The confidentiality duty applies to all persons connected to the User.

27. NONCOMPETE & NONSOLICITATION

27.1 The User shall not, by using or misusing the Company’s Confidential Information or Intellectual Property, build, license, sell, or operate a confusingly similar or derivative automation product materially based on the Platform’s protected code, architecture, or algorithms.

27.2 The User shall not solicit, induce, influence, or attempt to divert any existing or prospective MindStocs User, subscriber, lead, or client to any alternative platform, product, software, or service.

27.3 The User shall not:

(a) replicate or white-label the Platform or any part of its technology

(b) advertise competing products to MindStocs Users or prospects

(d) use access to the Platform to conduct competitor analysis or benchmarking

27.4 Any violation of this clause shall be treated as:

(a) material breach of contract

(b) immediate grounds for termination without refund

27.5 The Company reserves the right to seek:

(a) injunctive relief (court-ordered stop of competitive activity)

(b) monetary damages for business loss and IP misuse

27.6 This clause survives termination, expiry, or nonrenewal of the subscription.

27.7 The User shall not develop, publish, release, or distribute any software, indicator, script, bot, trading tool, or automation system that is functionally similar to the Platform for a minimum period of twelve (12) months after termination of this Agreement, whether directly or indirectly, whether free or paid.

28. MARKETING & PROMOTIONAL USE

28.1 The User shall not market, promote, advertise, or represent the Platform in any manner that:

(a) guarantees profit, income, or assured returns

(b) implies fixed, passive, or risk-free earnings

(d) states or implies that the Company is registered with SEBI, RBI, IRDAI, or any financial regulator

(e) positions the Platform as a capital protection, insured benefit, or payout-based system

(f) misrepresents hypothetical or simulated results as guaranteed outcomes

28.2 The User shall not create or circulate:

(a) promotional messages, videos, social media posts, or advertisements using the Company name or brand

(b) misleading ROI charts, profit screenshots, or performance claims

28.3 The User shall not act as:

(a) sales agent

(b) referral promoter

(d) reseller or distributor

without prior written authorisation from the Company.

28.4 Any unauthorised marketing, misrepresentation, or use of the Company’s brand, logo, domains, or intellectual property may result in:

(a) immediate termination of access without refund

(b) blacklisting and permanent service denial

28.5 The Company reserves the right to issue a takedown notice or legal notice if:

(a) the User circulates false claims or promotional content

(b) the User uses the Platform name to solicit money from third parties

28.6 This clause applies to all communication channels, including but not limited to WhatsApp, Telegram, YouTube, Instagram, email marketing, SMS, and offline promotion.

28.7 Compliance with this clause survives termination and expiry of the subscription.

28.8 The User shall not display, circulate, or publish screenshots of trades, profits, bot results, backtests, or automation output in a manner that implies guaranteed earnings, assured success, or Company-verified results. Any performance shown must carry a clear disclaimer stating: “Results are user-generated and not verified or guaranteed by MindStocs.”

29. TAX RESPONSIBILITY

29.1 The User is solely and entirely responsible for the assessment, declaration, and payment of any tax liability arising out of their own trading activity, business income, capital gains, or commercial use of the Platform.

29.2 The Company is not responsible for, and does not provide assistance or guidance on:

(a) income tax computation

(b) capital gains or trading tax reporting

(d) TDS or audit requirements under Indian tax law

29.3 No TDS, GST on payouts, brokerage-linked tax, or financial tax component applies to the Company, because the Company:

(a) does not issue payouts or returns

(b) does not handle capital, margin, or brokerage funds

29.4 If the law mandates the application of GST or any other statutory tax on SaaS subscriptions in the future, the Company is authorised to:

(a) charge such tax on top of subscription fees

(b) issue tax-compliant invoices without requiring further consent from the User

29.5 The User agrees that nonpayment or evasion of personal tax obligations shall not create any liability for the Company.

29.6 The Company is not responsible for providing Form 16, Form 26AS, brokerage statements, balance sheets, or any tax documents related to the User’s financial activity, as the Company does not manage User funds.

29.7 The User agrees that the Company is not obligated to issue profit certificates, income proof, audit reports, capital statements, or any financial documentation, as the Company does not track or verify the User’s trading activity or account balance.

30. INDEMNITY

30.1 The User agrees to indemnify, defend, and hold harmless the Company, its owners, employees, affiliates, and service partners from and against any claim, loss, liability, penalty, fine, damage, cost, or legal proceeding (including attorney fees) arising out of, or in connection with:

(a) misuse, abuse, or unauthorised use of the Platform

(b) breach or violation of any clause of this Agreement

(d) misrepresentation of the Platform as an investment, advisory, or return-based product

(e) violation of broker, exchange, or regulatory guidelines by the User

(f) any third-party dispute resulting from User’s conduct, statements, or marketing claims

(g) intellectual property infringement caused by the User

(h) chargeback, payment dispute, or reversal initiated by the User after service activation

30.2 The User agrees that the indemnity applies whether the claim is civil, criminal, regulatory, or financial in nature.

30.3 The Company shall have the right to recover all legal expenses, settlement costs, penalties, and damages from the User if indemnity is triggered.

30.4 The User’s indemnity obligation applies even if:

(a) the account is suspended, terminated, or expired

(b) the User stops using the Platform

30.5 This clause survives expiry, account closure, termination, and withdrawal of access.

30.6 The indemnity applies regardless of whether the wrongful act was committed by the User directly, or by any person acting on their behalf, including employees, partners, staff, referral clients, or third parties using the User’s account.

31. SEVERABILITY

31.1 If any provision, clause, or part of this Agreement is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

31.2 The invalidity or unenforceability of any clause shall not affect the validity of:

(a) the Agreement as a whole

(b) any other independent clause or obligation

31.3 In the event a clause is required to be modified to be lawful, it shall be interpreted in a manner nearest to the original commercial and legal intent of the Company.

31.4 No failure of enforceability shall be treated as a waiver of Company rights under any other clause of this Agreement.

32. ASSIGNMENT

32.1 The Company reserves the unrestricted right to assign, transfer, delegate, subcontract, or novate any part of its rights or obligations under this Agreement, including ownership, operations, platform management, or service delivery, to any affiliate, successor entity, acquirer, or third-party service provider, without requiring prior notice or consent from the User.

32.2 The User shall not assign, transfer, sublicense, lease, sell, pledge, gift, or otherwise transfer:

(a) their subscription

(b) login access or license rights

to any other person, entity, or third party, whether directly or indirectly, without the Company’s prior written approval.

32.3 Any attempted assignment or transfer by the User in violation of this clause shall be:

(a) null and void

(b) treated as an unauthorised access breach

32.4 This clause applies regardless of account status, including active, expired, suspended, or terminated accounts.

32.5 This Agreement shall continue to bind the User even if the Company undergoes merger, restructuring, acquisition, or change of control.

32.6 Access rights are personal and non-transferable. The User shall not permit spouses, relatives, friends, team members, or any third party to use, access, or operate the Platform under their account, even without monetary exchange.

33. GOVERNING LAW & JURISDICTION

33.1 This Agreement shall be governed, interpreted, and enforced exclusively in accordance with the laws of the Republic of India, without regard to conflict-of-law principles.

33.2 Subject to the dispute-resolution and arbitration provisions contained in this Agreement, the courts and judicial authorities located in the State of Maharashtra, India — specifically having territorial jurisdiction over Sawantwadi, Sindhudurg — shall have exclusive jurisdiction over any legal proceedings arising out of or in connection with this Agreement.

33.3 The User expressly waives any objection to:

(a) territorial jurisdiction

(b) inconvenient forum claims

33.4 No international law, foreign legislation, or cross-border consumer regulation shall apply to the interpretation of this Agreement.

33.5 In the event of conflict between this Agreement and any foreign regulation asserted by the User, the governing law of India shall prevail absolutely.

33.6 The User agrees that no complaint, claim, or proceeding shall be initiated before any Consumer Forum, Court, or Authority outside the jurisdiction specified in Clause 33.2, and any such filing shall be treated as void and legally challengeable.

34. DISPUTE RESOLUTION & ARBITRATION

34.1 Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its validity, interpretation, breach, termination, or enforceability, shall be settled exclusively by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including all statutory amendments in force at the time of proceedings.

34.2 Seat & Venue of Arbitration

The seat and venue of arbitration shall be Maharashtra, India. All hearings (physical or virtual) shall legally be deemed to occur within the jurisdiction of Maharashtra.

34.3 Language

The proceedings shall be conducted in the English language only.

34.4 Appointment of Arbitrator

The dispute shall be referred to a sole arbitrator appointed in accordance with the rules of the Mumbai Centre for International Arbitration (MCIA). If MCIA Rules are inapplicable, the Parties shall mutually appoint a sole arbitrator within thirty (30) days of a notice of dispute; failing which appointment shall be made under Section 11 of the Arbitration and Conciliation Act, 1996 by the competent court.

34.5 Binding Award

The arbitral award shall be final, conclusive, and binding upon both parties and shall be enforceable in any court having competent jurisdiction.

34.6 Cost of Arbitration

Each party shall bear its own legal fees, while the cost of arbitration tribunal, venue, and administration shall be shared equally, unless directed otherwise by the arbitrator.

34.7 No Court Action Before Arbitration

No party shall initiate civil litigation or criminal complaint (except for IP theft, fraud, or injunction relief) unless arbitration as outlined in this clause has been first attempted.

34.8 Survival

This dispute resolution clause shall survive:

(a) expiry of subscription

(b) account termination

(d) end of contractual relationship

34.9 Statutory Remedies

Nothing herein restricts either Party from approaching a statutorily empowered authority (e.g., Consumer Commissions, Data Protection authorities) where the law grants non-arbitrable or mandatory remedies.

34.10 Class Action Waiver

The User agrees that all disputes shall be resolved on an individual basis only. Class actions, group litigation, mass arbitration, collective complaints, public-interest petitions, or representative proceedings against the Company are expressly waived and prohibited.

35. NOTICES & OFFICIAL COMMUNICATION

35.1 Official Mode of Communication

All notices, updates, contractual information, policy changes, service alerts, and legal correspondence from the Company shall be delivered through any one or more of the following authorised channels:

(a) the User’s registered email address

(b) in-platform dashboard notification

(c) SMS or WhatsApp from the Company’s verified number (only after explicit User opt-in and in compliance with TRAI DLT and applicable platform policies)

(d) system-generated digital acknowledgment via OTP or log entry

35.2 Validity of Electronic Communication

Any communication sent by the Company through the above channels shall be deemed:

(a) legally delivered upon successful transmission,

(b) valid even if unopened, unread, or filtered by the User’s inbox, spam folder, or device settings,

(c) equivalent to physical notice under the Information Technology Act, 2000. If a transmission failure or bounce is detected, the Company will attempt a reasonable alternate channel (re-send or in-app notice).

35.3 User Responsibility

The User is solely responsible for maintaining an active email ID, phone number, and access to the dashboard. Failure to update contact details does not invalidate service of notice.

35.4 Legal Notices to the Company

All legal notices must be sent ONLY via:

(a) Email: support@mindstocs.com

(b) Registered Post A.D. (RPAD) to: MindStocs (Proprietorship), 1452, Majgoan Tambalgothan, Sawantwadi, Sindhudurg, Maharashtra – 416510, India.

35.5 Unauthorised Communication Disclaimer

The Company is not liable for any message, request, or instruction received through personal numbers, social media, unverified WhatsApp accounts, or third-party intermediaries.

35.6 Digital Evidence

All emails, OTP logs, dashboard logs, server timestamps, IP logs, and delivery confirmations shall be treated as valid legal evidence under the Indian Evidence Act, 1872.

35.7 The User waives any objection based on non-receipt, delayed reading, spam-filtering, or ignored notification, and agrees that delivery to the registered email or dashboard constitutes valid service of notice.

36. CHANGE OF TERMS

36.1 The Company may amend, revise, update, or replace these Terms, in whole or in part, at its sole discretion, to reflect legal, operational, or technical changes.

36.2 All modifications shall be deemed effective upon publication on the official Platform. Continued access or use of the Services after such publication shall constitute deemed acceptance of the updated Terms.

36.3 The User is solely responsible for periodically reviewing the Terms. Lack of awareness, nonreview, or failure to read updated Terms does not exempt the User from compliance.

36.4 The User agrees that updated Terms shall apply to both existing and future subscriptions, and continued use of the Platform constitutes automatic acceptance, even if the subscription was purchased under an earlier version of the Terms.

37. BETA FEATURES & EXPERIMENTAL RELEASES

37.1 The Company may, at its discretion, provide access to beta, trial, experimental, or pre-release features for testing, feedback, or evaluation purposes.

37.2 Beta features are provided strictly “as-is” and may contain bugs, incomplete functionality, performance issues, or unexpected behaviour. They may be modified, restricted, or permanently withdrawn at any time without prior notice.

37.3 The Company provides no warranty, service guarantee, performance assurance, refund eligibility, or availability commitment for any beta or experimental release.

37.4 Use of beta features is entirely at the User’s risk. The Company shall not be liable for any loss, disruption, data impact, or trading consequence arising from the use or discontinuation of such features.

37.5 Access to beta or experimental features is a privilege, not a contractual component of the Subscription. The User shall have no claim, expectation, or right to continued access, and removal of beta features shall not constitute service reduction or breach.

38. INTERNATIONAL ACCESS

38.1 Users who access or use the Platform from outside India do so at their own initiative and are solely responsible for ensuring compliance with all applicable local laws, regulations, and usage restrictions in their jurisdiction.

38.2 The Company makes no representation or warranty that the Platform, its features, or its use is lawful, permitted, or compliant in any jurisdiction outside India. Accessing the Platform where it is prohibited by law is strictly forbidden.

38.3 The Platform shall not be accessed, used, licensed, exported, or distributed in:

(a) countries or regions subject to trade sanctions, embargoes, or export restrictions

(b) territories listed under OFAC, UN, EU, or Indian Government sanctions

(d) by Users who are designated on any Indian, UN, US (OFAC), EU, or UK sanctions list

38.4 The User agrees not to:

(a) use VPNs, proxies, or masking tools to bypass geo-restrictions

(b) export, transmit, or transfer the Platform to banned or restricted locations

38.5 The Company reserves the right to geo-block, suspend, or terminate access for any User located in, or routing traffic through, a prohibited region, without refund.

38.6 The User shall indemnify the Company for any penalty, claim, or investigation arising from cross-border misuse or sanctions violation.

38.7 Accessing the Platform from outside India does not grant the User any foreign consumer rights, cross-border legal protection, or applicability of international law. This Agreement remains fully governed only by the laws of India, irrespective of User location.

39. USER FEEDBACK & SUGGESTIONS

39.1 Any feedback, suggestion, idea, enhancement request, bug report, feature concept, or other submission voluntarily shared by the User in relation to the Platform (“Feedback”) shall automatically become the exclusive property of the Company.

39.2 The User irrevocably assigns to the Company all rights, title, and interest in such Feedback, including any associated intellectual property rights, without any obligation of acknowledgement, approval, attribution, or compensation.

39.3 The Company may use, modify, publish, commercialise, implement, or disregard the Feedback at its sole discretion, without restriction of any kind.

39.4 Submission of Feedback does not create:

(a) co-ownership of the Platform

(b) joint development rights

(d) any obligation on the Company to respond or implement changes

39.5 The User confirms that Feedback is provided voluntarily, without expectation of payment, and does not contain confidential or proprietary rights of any third party.

39.6 The User agrees that providing Feedback does not grant them any claim, authorship credit, IP rights, revenue share, goodwill share, or moral rights in any feature, update, or version developed by the Company, even if similar to the Feedback submitted.

40. DIGITAL ACCEPTANCE & ELECTRONIC CONTRACT

40.1 By clicking the “I Agree” button, completing OTP verification, or accessing the Platform after registration, the User enters into a legally binding electronic contract in accordance with Section 10A of the Information Technology Act, 2000 and the Indian Contract Act, 1872.

40.2 No physical signature, handwritten execution, company seal, or stamped agreement is required for the validity or enforceability of this Agreement.

40.3 The following shall collectively constitute valid electronic signatures and legally admissible proof of consent:

(a) OTP submission logs

(b) IP address and device fingerprint

(d) database audit trail and server logs

(e) clickwrap or checkbox consent records

40.4 The User expressly waives any right to dispute the validity of this Agreement on the grounds of:

(a) absence of physical signature

(b) electronic format of acceptance

40.5 All digital records maintained by the Company shall be treated as conclusive and binding evidence under the Indian Evidence Act, 1872, including Section 65B.

40.6 Use of the Platform after account creation constitutes continued electronic consent to all terms, including any amended versions published thereafter.

41. PLATFORM COMMUNICATION & ACKNOWLEDGEMENT DOCUMENTS

41.1 The Platform may generate and deliver electronic communications such as:

(a) subscription confirmation emails

(b) system-generated activation receipts

(d) login or access credential emails

(e) automated service notifications or status updates

41.2 All such communications are informational in nature and are issued solely for record-keeping, transparency, and user reference. They shall not be construed as:

(a) financial commitment or guarantee of profit

(b) assurance of returns, payouts, or performance outcome

(d) a certificate of SEBI/RBI registration, licensing, or advisory status

41.3 No email, WhatsApp message, PDF, receipt, or dashboard message shall override, amend, or supersede the legal effect of this Agreement unless expressly issued as a formal addendum signed and published by the Company.

41.4 The User agrees not to present any platform-generated message, invoice, or receipt as:

(a) investment documentation

(b) profit-assurance document

(d) proof of guaranteed payout or capital protection

41.5 The Company shall not be responsible for third-party misinterpretation or unauthorised forwarding of acknowledgement documents by the User.

41.6 Any digitally issued document may be revoked, corrected, or updated by the Company if found to be misused, altered, or interpreted contrary to this Agreement.

41.7 The User agrees that subscription invoices, receipts, or activation records are not investment certificates or financial instruments and shall not be used for loan processing, tax claims, funding proofs, or solicitation of investor capital.

42. RISK DISCLOSURE

42.1 The Platform is a technology and automation software. It does not eliminate trading risk, prevent financial loss, or guarantee profit under any circumstance.

42.2 The User acknowledges that automation can increase both the speed and magnitude of outcomes, which may include amplified profit or amplified loss, depending entirely on market conditions, configuration settings, and the User’s trading decisions.

42.3 The User expressly understands and accepts that:

(a) all trading and investment activity involves significant financial risk

(b) market conditions may change rapidly, unpredictably, and without warning

(d) software execution depends on brokers, APIs, VPS, liquidity, and internet stability

(e) slippage, delay, rejection, or partial fills are normal market behaviour

(f) automation does not substitute risk management or financial advice

42.4 The Company does not provide any assurance regarding:

(a) profitability, accuracy, or return percentage

(b) capital safety, drawdown limits, or loss prevention

42.5 The User agrees that all trading decisions, risk exposure, position sizing, and financial consequences—profit or loss—are solely their responsibility.

42.6 The Company shall have no liability for:

(a) User trading outcomes

(b) market loss, execution loss, or capital erosion

(d) reliance on software output, signals, charts, or analytics

42.7 The User agrees that no claim shall be made against the Company for emotional distress, stress, anxiety, reputational damage, or any non-financial consequence arising from trading losses or automation results.

43. MASTER DISCLAIMER

43.1 The User expressly acknowledges and agrees that MindStocs is NOT:

(a) a broker, sub-broker, or authorised trading member

(b) a financial advisor or research analyst

(d) a Portfolio Management Service (PMS) provider

(e) a wealth manager or fund manager

(f) a deposit taker, custodian, or trustee of user funds

(g) a payout, profit-sharing, or return-based scheme

(h) a SEBI, RBI, IRDAI, PFRDA, or FIU-IND registered intermediary

43.2 The Company provides software access only. It does not:

(a) handle, manage, store, or control User trading capital

(b) offer investment advice, tips, or recommendations

(d) guarantee profit, returns, capital safety, or financial outcome

(e) collect deposits, pool funds, or distribute payouts

43.3 Nothing on the Platform—whether charts, analytics, backtests, automation logic, UI elements, marketing material, dashboard wording, or support communication—shall be construed as:

(a) financial advice or investment guidance

(b) an invitation to trade, invest, or risk capital

(d) a substitute for licensed advisory, broker, or PMS services

43.4 Any decision to trade, invest, allocate capital, or execute automation is:

(a) independently made by the User

(b) fully at the User’s own risk

43.5 Use of the Platform does not create any advisory, agency, partnership, fiduciary, or client-investment relationship between the User and the Company.

43.6 The User agrees that no terminology, label, phrase, emoji, performance graph, colour indicator, or wording used within the Platform interface or communication channels shall be interpreted as advisory, guaranteed outcome, or profit assurance.

44. NO WITHDRAWALS, NO PAYOUTS, NO CAPITAL HANDLING

44.1 The Company does not hold, receive, store, manage, transfer, pool, or handle User funds, trading capital, brokerage balance, deposits, or any form of money on behalf of the User.

44.2 The Platform does not contain any functionality for:

(a) withdrawals or redemption

(b) profit sharing or payout distribution

(d) capital protection or repayment guarantee

(e) deposit tracking or balance ledger

44.3 All financial transactions, including deposits, withdrawals, brokerage charges, order execution, and trade settlements, occur exclusively between the User and their chosen broker or financial institution, outside the control or involvement of the Company.

44.4 The Company is not a party to any monetary flow between the User and:

(a) broker or exchange

(b) payment gateway

(d) third-party trading platform

44.5 Connecting the Platform to a broker account, API, VPS, or automation module is done entirely at the User’s discretion and financial risk. The Company has no visibility, custody, or authority over such accounts.

44.6 No part of the Platform shall be interpreted as:

(a) an investment product

(b) a deposit-taking scheme

(d) a regulated financial instrument under SEBI/RBI law

44.7 Any User claiming “refund of trading loss”, “capital insurance”, “payout share”, or “return entitlement” shall have no legal standing, as no such feature exists in the Platform or Agreement.

44.8 The User agrees that the Platform is not a money circulation scheme, MLM program, ROI-based system, payout network, or any structure covered under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 or the Banning of Unregulated Deposit Schemes Act, 2019.

45. REFUND ACKNOWLEDGEMENT

45.1 The User expressly acknowledges, understands, and agrees that:

(a) Subscription fees are strictly nonrefundable once the software is activated, installed, or access credentials have been issued, irrespective of usage, trading outcome, or performance expectation.

(b) A refund is permitted ONLY if:

(i) the User has completed full payment,

(ii) the User has submitted all required activation details, and

(iii) the Company fails to activate or install the software within seven (7)Business working days (Non-including weekends and holidays) from the date of detail submission.

(i) dissatisfaction, change of mind, or personal reason

(ii) trading loss, capital loss, or market fluctuation

(iii) VPS, broker, API, or internet downtime

(iv) performance not matching expectation or strategy results

(v) User negligence, misconfiguration, or nonusage

(vi) voluntary account closure, expiry, or nonrenewal

45.2 Refunds, where eligible, will be processed only to the original payment method. No alternative bank account, cash payout, wallet credit, or third-party recipient will be allowed.

45.3 Any chargeback, dispute, or payment reversal raised after activation shall be treated as intentional digital contract fraud. The Company may:

(a) suspend or terminate the account,

(b) blacklist the User permanently,

(d) report the User to payment gateway risk databases.

45.4 The User confirms that the refund terms were fully disclosed and accepted before payment, and permanently waives any claim of “non-disclosure”, “unfair terms”, or “verbal promise”.

45.5 The Company is not liable for refund claims based on reseller claims, third-party promotions, assumed profit, or performance expectation.

45.6 This clause overrides any conflicting oral, informal, social media, or chat-based communication and survives expiry, suspension, or termination of the account.

46. SURVIVAL

46.1 The User agrees that the termination, cancellation, expiry, nonrenewal, suspension, or deactivation of the subscription shall not affect the continuing enforceability of the following clauses of this Agreement, all of which shall survive indefinitely:

(a) Confidentiality & Non-Disclosure

(b) Intellectual Property Rights

(d) Limitation of Liability

(e) Indemnity

(f) Record Retention & Digital Evidence

(g) Data Privacy & User Consent

(h) Refund Restrictions & Chargeback Prohibition

(i) No Financial Advisory / No Capital Handling

(j) Dispute Resolution & Arbitration

(k) Governing Law & Jurisdiction

(l) Force Majeure

(m) Assignment & Legal Transfer

(n) Risk Disclosure & Master Disclaimer

46.2 Survival applies regardless of:

(a) whether the User stops using the Platform

(b) whether the account is voluntarily closed or forcibly terminated

(d) whether the Agreement is claimed to be withdrawn, disputed, or cancelled

46.3 The User cannot avoid legal obligations by:

(a) deleting the account

(b) ceasing platform usage

(d) claiming “I am no longer a customer”

46.4 All rights of the Company under surviving clauses remain fully enforceable under Indian law even after contractual relationship ends.

46.5 No verbal, informal, or implied statement made by the User or any third party shall terminate, waive, or nullify any surviving clause of this Agreement. Only a formally executed written release signed by the Company can extinguish surviving obligations.

47. ENTIRE AGREEMENT

47.1 This Agreement, together with all policies, annexures, and legally referenced documents published on the Platform, constitutes the complete and exclusive agreement between the User and the Company, superseding all prior discussions, negotiations, assurances, advertisements, or representations, whether oral or written.

47.2 No verbal statement, sales pitch, social media post, marketing material, reseller claim, support conversation, or third-party communication shall modify, override, supplement, or create any obligation beyond what is expressly stated in this Agreement.

47.3 The User acknowledges that they have not relied on any promise, guarantee, forecast, return expectation, or commitment that is not explicitly contained in this Agreement.

47.4 Any amendment, waiver, or deviation from this Agreement is valid only if:

(a) issued in writing by the Company, and

(b) published as an official policy update or signed addendum.

47.5 In case of any conflict between:

(a) this Agreement, and

(b) any external communication, brochure, advertisement, message, or presentation,

this Agreement shall prevail absolutely.

47.6 The User confirms that no promise of profit, guaranteed return, fixed income, capital protection, or payout was made by the Company or any person claiming to represent the Company, and any such claim — if made by a third party — is hereby declared null, unauthorised, and non-binding.

48. GRIEVANCE OFFICER

48.1 In accordance with the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000, the Company has appointed the following Grievance Officer to handle data protection, contractual, and platform-related grievances:

Name: Jackson Albert Fernandes

Email: support@mindstocs.com

Response Time: Within 15 Business Days

Jurisdiction of Officer: Maharashtra, India

48.2 All grievances must be submitted in writing and must include:

(a) the User’s full name and registered email address,

(b) a clear description of the issue with supporting evidence,

48.3 The scope of the Grievance Officer is limited strictly to issues related to:

(a) data privacy and statutory rights under the DPDP Act,

(b) platform access or contractual compliance,

48.4 The following matters do NOT fall under the Grievance Officer’s scope and will not be processed as valid complaints:

(a) broker disputes, trading losses, or market outcomes,

(b) VPS failure, third-party API outages, or internet issues,

(d) resale, marketing, or reseller disputes with third parties.

48.5 Complaints sent through personal WhatsApp numbers, social media accounts, Telegram groups, or unofficial communication channels will not be recognised as valid submissions.

48.6 The Grievance Officer may request identity verification before processing any request, including data access, correction, export, or deletion.

49. USER DECLARATION

By activating the Platform, submitting OTP consent, or accessing the Services, the User expressly confirms, declares, and agrees that:

(a) I am subscribing to software access only. I am not purchasing any financial product, investment plan, trading scheme, advisory service, or return-based program.

(b) I fully understand and accept that MindStocs does not provide profit guarantees, fixed returns, payouts, interest, capital protection, or performance assurance of any kind.

(c) I acknowledge that all trades, financial decisions, risk exposure, and market outcomes are entirely my own responsibility, and not attributable to the Company.

(d) I agree that OTP verification, digital consent, and checkbox acceptance constitute a legally binding electronic contract under Indian law, enforceable without physical signature.

(e) I understand that subscription fees are nonrefundable after activation, and a refund is permitted only if the Company fails to activate software access within seven (7)Business working days (Non-including weekends and holidays) after I have submitted all required onboarding details.

(f) I have read, understood, and voluntarily agreed to all clauses of this Agreement, including risk disclosure, refund policy, indemnity, and limitation of liability.

(g) I confirm that no verbal assurance, marketing material, reseller statement, or social media communication has influenced my decision beyond what is written in this Agreement.

(h) I accept that violation of these Terms may lead to suspension or termination of access without refund.

(i) I agree that this declaration shall survive termination, expiry, or discontinuation of my subscription.

50. FINAL ACCEPTANCE

By proceeding with account activation, clicking “I Agree”, submitting OTP verification, or accessing the Platform in any manner, the User hereby:

(a) confirms that they have read, understood, and accepted all clauses contained in this Agreement in full;

(b) acknowledges that the subscription is for software access only and is strictly nonrefundable after activation, except in the limited case where the Company fails to activate access within seven (7) Business working days (Non-including weekends and holidays) after all required onboarding details are submitted;

(c) accepts full financial responsibility for their own trading actions, brokerage accounts, capital exposure, and market outcomes;

(d) agrees that OTP + checkbox + continued platform use constitutes a valid, binding, and enforceable electronic contract under Indian law;

(e) waives any future claim based on misunderstanding, verbal assurances, third-party statements, expected profit, or “unread terms” defence;

(f) confirms that no part of the Platform has been misrepresented as an investment scheme, advisory service, or return-generating product;

(g) accepts that continued access after any policy update constitutes automatic acceptance of the revised Terms.

51. SUPPORT & ESCALATION

51.1 Standard Support. Support is provided on Business Days via email/ticketing only. Response targets are commercially reasonable efforts; no uptime or response SLAs are offered unless expressly agreed in a signed Order.

51.2 Scope. Support excludes (a) broker/VPS issues, (b) custom coding, strategy design, or advisory, (c) on-premise troubleshooting, and (d) third-party product defects.

51.3 Escalation. Security incidents, access revocations, and payment disputes may be prioritized at the Company’s discretion. Escalation does not create any warranty, service credit, or liability.

51.4 Logs & Diagnostics. The User authorizes the Company to use telemetry, error logs, and diagnostic data solely to maintain, secure, and improve the Platform, subject to Clause 18.

51.5 Support response time, resolution time, or availability shall not constitute a condition of service delivery and shall not trigger refund, credit, compensation, or legal claim under any circumstance.

52. SECURITY & RESPONSIBLE DISCLOSURE

52.1 Security Measures. The Company applies reasonable technical and organizational controls appropriate for a SaaS provider. No method guarantees absolute security.

52.2 Responsible Disclosure. Suspected vulnerabilities must be reported to support@mindstocs.com. Public disclosure, exploitation, scanning, or load testing without written authorization is prohibited and deemed a breach.

52.3 User Security. The User remains responsible for endpoint hygiene, MFA/OTP use, API key secrecy, and access revocation for their personnel.

52.4 The Company shall not be liable for any loss, trading impact, or account breach arising from User-side security failure, including weak passwords, shared devices, exposed API keys, or compromised email/OTP access.

53. OPEN-SOURCE & THIRD-PARTY TERMS

53.1 Open-Source Components. The Platform may include open-source software (“OSS”). OSS is licensed under its own licenses. To the extent required, such licenses shall govern use of the OSS components.

53.2 Notices. OSS notices and license texts (as updated from time to time) shall be made available upon request or within the Platform. No provision herein limits rights granted by applicable OSS licenses.

53.3 Third-Party Terms. Certain features may require acceptance of third-party terms (e.g., broker APIs, cloud/VPS). The User agrees to comply with all such terms. The Company is not a party to those agreements.

53.4 The Company provides no warranty, support, or liability for any open-source or third-party component, and any failure, bug, or vulnerability in such component shall not constitute a service breach, refund trigger, or damage claim against the Company.

54. EXPORT CONTROLS & SANCTIONS COMPLIANCE

54.1 User Representation. The User represents that they (a) are not located in, organized under the laws of, or ordinarily resident in any sanctioned jurisdiction, and (b) are not listed on any sanctions or restricted-party list of India, UN, US (OFAC), EU, or UK.

54.2 Compliance. The User shall not use, export, re-export, or transfer the Platform in violation of Indian or international export-control or sanctions laws. Breach may result in immediate termination without refund.

54.3 The User shall not use VPNs, proxy routing, IP masking, or jurisdiction spoofing to bypass export-control or sanctions restrictions. Any such attempt shall be treated as intentional breach and may trigger legal reporting obligations.

55. ANTI-BRIBERY, CORRUPTION & AML

55.1 The User shall comply with applicable anti-bribery, anti-corruption, and anti-money-laundering laws and shall not use the Platform to facilitate bribery, kickbacks, or illicit funds flow.

55.2 Any suspected breach authorizes immediate suspension and reporting to competent authorities.

55.3 The User acknowledges that the Company is not an FIU-IND reporting entity, does not monitor transaction flow, and has no obligation to file STR/SAR reports. Any illegal use of the Platform is solely the User’s liability under applicable law.

56. INDEPENDENT CONTRACTOR; NO PARTNERSHIP

56.1 The Parties are independent contractors. Nothing herein creates an agency, partnership, joint venture, fiduciary, franchise, or employment relationship.

56.2 The User has no authority to bind the Company, make commitments, or incur obligations on the Company’s behalf.

56.3 The User shall not represent themselves as an agent, employee, franchisee, authorised representative, or official partner of the Company in any manner, including through social media, marketing, live events, or private communication.

57. PUBLICITY & USE OF NAME

57.1 The Company shall not use the User’s name, logo, or trademark in public marketing without prior written consent.

57.2 The User shall not (a) claim endorsement, partnership, or certification, or (b) use the Company’s name, logo, or marks, without prior written authorization.

57.3 The User shall not create, publish, or circulate testimonials, performance claims, review videos, or promotional content using the Company’s name, logo, software screenshots, or brand identity without prior written approval.

58. NO WAIVER

58.1 No failure or delay by the Company in exercising any right shall operate as a waiver thereof. A waiver must be in writing and shall not be construed as a waiver of any subsequent breach.

58.2 No statement made by support staff, reseller, or third-party representative shall constitute a valid waiver of Company rights unless issued in a formal written notice by an authorised Company signatory.

59. INTERPRETATION

59.1 Headings are for convenience only and do not affect interpretation.

59.2 “Including/Includes” means “including without limitation.”

59.3 In the event of conflict between this Agreement and any policy linked or referenced, this Agreement shall prevail unless the other document expressly states otherwise and is executed by the Company.

60. THIRD-PARTY BENEFICIARIES

60.1 There are no third-party beneficiaries to this Agreement. No person other than the Parties has any rights hereunder.

61. LANGUAGE & PREVAILING VERSION

61.1 This Agreement is drafted in English. If translated, the English version controls in case of conflict.

62. COUNTERPARTS & ELECTRONIC COPIES

62.1 This Agreement may be executed or accepted electronically and in counterparts, each of which shall be deemed an original and together one instrument. Electronic copies shall have the same legal effect as originals.

63. USER CONTENT, CONFIGURATIONS & LICENSE

63.1 “User Content” means strategies, templates, settings, parameters, data files, or materials uploaded or entered by the User.

63.2 The User represents and warrants that User Content is lawful, non-infringing, and that the User has all rights necessary to use and provide it to the Platform.

63.3 The User grants the Company a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display User Content solely to provide and secure the Services. No ownership in User Content transfers to the Company.

63.4 The Company may remove or disable access to any User Content alleged to be unlawful, infringing, or in breach of this Agreement.

63.5 The Company is not responsible for loss, corruption, or deletion of User Content and is not obligated to maintain backup copies.

64. BACKTESTS, SIMULATIONS & TESTIMONIALS

64.1 Any backtest, forward-test, walk-forward analysis, paper-trade or simulation output is hypothetical and subject to modeling limitations, survivorship bias, slippage, latency, liquidity and parameter overfitting. Past or simulated performance is not indicative of future results.

64.2 User screenshots, profit statements, reviews, or testimonials (if any) are individual and non-representative and do not constitute a claim, average, or guarantee of results. The Company may require removal of misleading materials.

64.3 The User shall not publish backtests, screenshots, or result claims implying guaranteed profit, fixed return, or capital safety.

64.4 The Company may demand takedown or issue a legal notice if testimonials or performance claims misrepresent the Platform as an advisory, investment, or guaranteed-income product.

65. FAIR USE, RATE LIMITS & ABUSE MONITORING

65.1 The Company may enforce technical rate limits, concurrency limits, or session caps to protect service integrity.

65.2 Automated scraping, unauthorized API polling, or load testing without written consent is prohibited.

65.3 The Company may throttle, suspend, or block traffic that degrades service, triggers security controls, or exceeds fair-use thresholds. Such actions do not give rise to refunds, credits, or liability.

66. DATA LOCATION, TRANSFERS & SUB-PROCESSORS

66.1 The User consents to processing of personal data by the Company and its vetted sub-processors (cloud, email, logging, security providers) strictly for providing the Services.

66.2 Data may be processed inside or outside India subject to lawful transfer mechanisms and contractual safeguards consistent with the DPDP Act, 2023.

66.3 A current list of material sub-processors will be maintained by the Company and made available upon request. The Company shall impose data-protection obligations on all sub-processors equivalent to this Agreement.

66.4 The Company will provide reasonable advance notice of adding or replacing a material sub-processor where feasible; continued use after notice constitutes consent.

67. SECURITY INCIDENT NOTICE

67.1 Upon becoming aware of a personal-data security incident affecting the Services, the Company will notify impacted Users without undue delay and in accordance with applicable law and CERT-In directions.

67.2 Notifications may be limited to preserve investigations, security, or legal privilege, but will include material information reasonably available at the time.

68. REFUND ADMINISTRATION TIMELINE

68.1 Where a refund is approved under Clause 7 or Clause 45, the Company will initiate processing to the original payment method within ten (10) Business Days of approval. Completion timelines remain subject to gateway/banking settlement cycles.

69. IP-BASED NON-MISUSE & NON-SOLICITATION

69.1 The User shall not use the Company’s Confidential Information or Intellectual Property to build, license, sell, or operate a confusingly similar or derivative automation product that is substantially based on the Platform’s protected code, architecture, or algorithms.

69.2 Nothing herein restricts the User from independently developing software without use or reference to the Company’s Confidential Information or IP.

70. NO INVESTMENT COLLECTION, FRANCHISE OR RESALE

70.1 The User has no authority to collect money for the Company, offer franchises, resale licenses, revenue shares, or investment opportunities related to the Platform without a separate written agreement executed by the Company.

70.2 The Company is not liable for any third-party collections, schemes, or representations made by the User or others.

71. CLASS OR REPRESENTATIVE ACTION WAIVER

71.1 To the extent permitted by applicable law, disputes shall be resolved on an individual basis only. Class, collective, consolidated, or representative actions or proceedings are not permitted.

71.2 No arbitrator may consolidate claims of multiple parties or preside over any form of representative or collective proceeding.

71.3 The User waives the right to participate in any group complaint, mass arbitration, consumer forum batch filing, or coordinated legal action against the Company, whether online or offline.

END OF TERMS & CONDITIONS