Terms of Use – Niveshak™

These Terms of Use ("Terms") govern your access to and use of Niveshak™, including our website, mobile application, and related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms.

If you do not agree, please do not use Niveshak™.

1. ABOUT NIVESHAK™

Niveshak™ is a market intelligence and information platform designed to help users track stocks, sectors, and market developments.

Niveshak™ is NOT:

An investment advisory service
A SEBI-registered advisor, research analyst, or portfolio manager
A broker, dealer, or trading platform
A provider of buy/sell/hold recommendations
An assurance of investment returns or market performance

All information provided is informational and interpretive in nature only.

Users remain fully responsible for their investment decisions.

2. ELIGIBILITY & ACCOUNT REGISTRATION

2.1 Eligibility Requirements

To use Niveshak™, you must:

Be at least 18 years of age
Be legally capable of entering into a binding agreement under Indian law
Have the authority to agree to these Terms

2.2 Account Registration

Account access requires:

Mobile number verification via OTP (required)
Email address (optional, recommended for service updates, password recovery, and important notifications)

2.3 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activity that occurs under your account
Notifying us immediately of any unauthorized access

We are not liable for losses arising from unauthorized use of your account.

3. NATURE OF INFORMATION & NO INVESTMENT ADVICE

3.1 Information Provided

All content on Niveshak™, including:

News articles and alerts
Market data and analytics
Stock filters and screeners
AI-generated prioritization and rankings
Sector analysis and insights

is provided for informational purposes only.

3.2 Explicit Disclaimers

You acknowledge and agree that:

Niveshak™ does not provide investment advice
Niveshak™ does not recommend securities or trading strategies
Niveshak™ does not assess your suitability, risk tolerance, or financial situation
Any investment decision is made solely by you
You bear full responsibility for your investment actions and outcomes

3.3 No Professional Relationship

Use of the Platform does not create:

An advisor-client relationship
A fiduciary duty
A broker-customer relationship
Any obligation on our part to recommend or advise

4. DATA SOURCES & THIRD-PARTY CONTENT

4.1 Content Sources

Niveshak™ aggregates and displays information sourced from:

Licensed publishers and news providers
Public regulatory disclosures (SEBI, RBI, stock exchanges)
Stock exchange data feeds
Approved third-party data providers

4.2 Third-Party Content

All third-party content:

Is clearly attributed to its original source
Remains the intellectual property of its respective owner
Is governed by the terms and licenses of the original publisher

Niveshak™ does not claim ownership of third-party content.

4.3 External Links

Clicking external links redirects you to third-party websites governed by their own terms, privacy policies, and content standards.

We are not responsible for:

The accuracy of third-party content
The privacy practices of external sites
Any transactions or interactions on external platforms

5. AI & AUTOMATED SYSTEMS DISCLAIMER

5.1 Use of Automation

Niveshak™ may use automation, algorithms, or AI-based systems to:

Rank and prioritize alerts
Filter duplicate information
Estimate relevance or potential impact
Personalize content display

5.2 Limitations of AI Systems

These systems:

Are probabilistic, not deterministic
May be incomplete, delayed, or inaccurate
Do not guarantee completeness, correctness, or timeliness
Are based on historical patterns that may not predict future outcomes

No automated output should be treated as investment advice or a guarantee of market movement.

5.3 User Responsibility

You are solely responsible for:

Verifying information before making investment decisions
Understanding the limitations of AI-based prioritization
Not relying exclusively on automated rankings or alerts

6. USER RESPONSIBILITIES & PROHIBITED USES

6.1 Permitted Use

You agree to:

Use the Platform only for personal, non-commercial purposes
Maintain confidentiality of your account credentials
Comply with all applicable laws and regulations
Provide accurate information when creating your account

6.2 Prohibited Activities

You must NOT:

Market Manipulation:

Use alerts to coordinate pump-and-dump schemes
Manipulate rankings or feeds through fake accounts
Front-run alerts for personal trading advantage
Engage in insider trading based on Platform information

Technical Abuse:

Scrape, crawl, or harvest data using bots or automated tools
Reverse engineer algorithms, software, or ranking systems
Overwhelm servers with excessive requests (DDoS attacks)
Bypass security measures, rate limits, or access controls
Attempt to gain unauthorized access to systems or data

Content Violations:

Redistribute publisher content without proper authorization
Remove attribution, copyright notices, or source credits
Use Platform data to create competing services
Republish or resell Niveshak™ content commercially

6.3 Consequences of Violations

Violations may result in:

Warning for first minor offense
Temporary suspension for repeated violations
Permanent account termination for serious breaches
Legal action and pursuit of damages if applicable
Reporting to regulatory authorities (SEBI, law enforcement)

7. SUBSCRIPTION, PAYMENTS & REFUNDS

7.1 Pricing & Plans

Niveshak™ may offer:

Free access tiers with limited features
Trial periods for premium features
Paid subscription plans

All fees are:

Clearly disclosed before checkout
Denominated in Indian Rupees (INR)
Exclusive of applicable taxes (GST)

7.2 Payment Processing

Payments processed via Razorpay, Stripe, or other PCI-DSS compliant providers
We do not store full credit card or bank account details
Recurring subscriptions auto-renew unless cancelled before renewal date

7.3 Refund Policy

All fees are non-refundable.

Specifically:

No refunds for mid-subscription cancellations (service continues until expiry)
No refunds for dissatisfaction with features or content
No refunds for failure to use the Platform during subscription period
No refunds if account is terminated for violations of these Terms

Exceptions:

Technical Failures: If Platform is unavailable for more than 72 consecutive hours due to our fault, we may provide pro-rated credit (at our discretion)
Duplicate Charges: Accidental duplicate transactions will be refunded within 15 business days
Legal Requirements: Refunds mandated by applicable consumer protection laws

7.4 Cancellation

You may cancel your subscription at any time via:

Settings → Subscription → Cancel
Email: contact@niveshakapp.com

Cancellation takes effect at the end of the current billing cycle. No access to premium features after expiry.

7.5 Price Changes

We reserve the right to change subscription pricing with:

30 days advance notice to active subscribers
No change to your rate during current subscription term
Option to cancel before new rate takes effect

7.6 No Guarantee of Outcomes

Niveshak™ does not guarantee:

Trading profits or investment returns
Market performance improvements
Specific number of alerts or notifications
Availability of any particular feature or data source

Subscriptions are for access to the Platform, not for investment performance.

8. PLATFORM AVAILABILITY & RELIABILITY

8.1 Service Availability

While we strive for high availability:

The Platform may experience interruptions or downtime
Data may be delayed or temporarily unavailable
Certain alerts or updates may not be delivered
Features may be modified, suspended, or discontinued

8.2 No Liability for Disruptions

Niveshak™ is not liable for:

Missed alerts or delayed notifications
Market losses resulting from system outages
Data inaccuracies or omissions
Third-party service failures (exchanges, publishers, cloud providers)
Internet connectivity issues

8.3 Maintenance & Updates

We may:

Perform scheduled maintenance (notice provided when feasible)
Deploy updates that change features or user interface
Discontinue features with or without notice

9. WARRANTIES & DISCLAIMERS

9.1 "AS IS" Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties, including:

Merchantability or fitness for a particular purpose
Accuracy, completeness, or timeliness of data
Uninterrupted or error-free operation
Security of data transmission or storage
Non-infringement of third-party rights

9.2 Specific Disclaimers

Stock Data:

Prices may be delayed up to 15 minutes or more
Historical data may contain errors or gaps
Real-time data feeds may experience interruptions

News & Alerts:

Alerts may be delayed, missed, or duplicated
News sources may publish corrections or retractions
AI prioritization is probabilistic, not guaranteed accurate

9.3 Assumption of Risk

You accept all risks associated with:

Using the Platform for investment research or decisions
Relying on data, alerts, or AI-generated rankings
Trading or investing in securities markets

10. LIMITATION OF LIABILITY

10.1 Exclusion of Damages

To the maximum extent permitted by Indian law, Niveshak™ shall not be liable for:

Investment losses or missed opportunities
Data delays, errors, omissions, or inaccuracies
Third-party content errors or publisher mistakes
Missed alerts, failed notifications, or system downtime
Platform unavailability or interruptions
Security breaches or unauthorized access
Indirect, incidental, consequential, punitive, or special damages

10.2 Liability Cap

Our total aggregate liability to you (for any and all claims) shall not exceed the greater of:

The amount you paid to Niveshak™ in the 12 months immediately preceding the claim, OR
Ten Thousand Rupees (₹10,000)

10.3 Exceptions to Limitations

The above limitations do NOT apply to:

Fraud or willful misconduct by Niveshak™
Death or personal injury caused by our gross negligence
Liability that cannot be excluded or limited under Indian law

10.4 Time Limit for Claims

Any claim against Niveshak™ must be filed within one (1) year of the date the cause of action arose. Claims filed after this period are permanently barred.

10.5 Sole Remedy

Your sole and exclusive remedy for dissatisfaction with the Platform is to:

Stop using Niveshak™
Cancel your subscription
Request account deletion per our Privacy Policy

11. INDEMNIFICATION

11.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Niveshak™, its founders, employees, advisors, partners, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

Your use or misuse of the Platform
Your violation of these Terms
Your violation of any applicable laws or regulations
Your violation of third-party rights (intellectual property, privacy, etc.)
Investment decisions you make based on Platform information
Content you submit or post (if applicable)

11.2 Defense of Claims

We reserve the right to:

Assume exclusive defense and control of any matter subject to indemnification
Require your cooperation in defending such claims (at your expense)

You may not settle any claim without our prior written consent.

12. INTELLECTUAL PROPERTY

12.1 Niveshak™ Ownership

All intellectual property related to the Platform, including:

Software, algorithms, and source code
Platform design, UI/UX, and branding
Trademarks, logos, and trade names ("Niveshak™")
Proprietary data compilations and rankings
Documentation and user guides

is owned by or licensed to Niveshak™ and protected by Indian and international intellectual property laws.

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Access and use the Platform for personal purposes
View and interact with content displayed in the Platform

You may NOT:

Copy, modify, distribute, or create derivative works
Decompile, reverse engineer, or disassemble the Platform
Remove copyright notices or proprietary markings
Use our trademarks without written permission

12.3 User-Generated Content

If you submit feedback, feature requests, or other content:

You grant us a perpetual, worldwide, royalty-free license to use it
We may incorporate suggestions into the Platform without compensation
You represent that you have the rights to submit such content

12.4 DMCA & Copyright Claims

To report copyright infringement, contact: contact@niveshakapp.com

13. TERMINATION OF ACCESS

13.1 Termination by You

You may stop using Niveshak™ at any time and request account deletion via:

Settings → Profile → Delete Account, OR
Email: contact@niveshakapp.com

Account deletion is governed by our Privacy Policy (30-day grace period, then permanent deletion).

13.2 Termination by Us

We may suspend or terminate your access immediately if:

You violate these Terms
Required by law, regulation, or court order
We discontinue the Platform (30 days notice if feasible)
We detect fraudulent, abusive, or illegal activity
You engage in conduct harmful to other users or the Platform

13.3 Effect of Termination

Upon termination:

Your right to access the Platform ceases immediately
Paid subscriptions are forfeited (no refunds unless legally required)
Sections of these Terms that survive termination remain in effect (indemnification, limitation of liability, dispute resolution)

14. DISPUTE RESOLUTION & ARBITRATION

14.1 Informal Resolution

Before initiating formal proceedings, you agree to:

Contact us at contact@niveshakapp.com describing the dispute
Allow us 15 business days to investigate and respond
Engage in good-faith negotiations to resolve the matter

14.2 Binding Arbitration

If informal resolution fails, all disputes shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996:

Arbitration Terms:

Seat of Arbitration: Pune, Maharashtra, India
Language: English
Arbitrator: Single arbitrator mutually appointed; if parties cannot agree, appointed by Pune District Court
Procedure: Arbitrator determines rules of procedure
Costs: Each party bears own legal costs; arbitration fees split equally unless arbitrator rules otherwise
Award: Final and binding; enforceable in any court of competent jurisdiction

14.3 Exceptions to Arbitration

You may bypass arbitration and file directly in court for:

Intellectual property disputes (trademark, copyright infringement)
Emergency injunctive relief (temporary restraining orders)
Claims under ₹50,000 (eligible for consumer courts)

14.4 Class Action Waiver

You agree to resolve disputes individually, not as part of any class action, collective action, or representative proceeding.

You waive any right to participate in class-wide arbitration or litigation.

14.5 30-Day Opt-Out

You may opt out of arbitration by sending written notice to contact@niveshakapp.com within 30 days of first accepting these Terms.

Notice must include: your name, email, mobile number, and statement "I opt out of arbitration."

15. GOVERNING LAW & JURISDICTION

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

15.2 Exclusive Jurisdiction

Courts located in Pune, Maharashtra, India shall have exclusive jurisdiction over any disputes not subject to arbitration.

You irrevocably submit to the jurisdiction of these courts and waive any objection to venue or inconvenient forum.

16. REGULATORY POSITIONING

16.1 Not a SEBI-Registered Entity

Niveshak™:

Operates as an information intermediary and technology platform
Is NOT registered with SEBI as an Investment Adviser (IA), Research Analyst (RA), or Portfolio Manager (PM)
Does not fall under SEBI advisory regulations
Displays appropriate disclaimers across the Platform

16.2 User Acknowledgment

By using Niveshak™, you explicitly acknowledge and agree that:

The Platform provides information, not advice
You are not relying on Niveshak™ for investment recommendations
All investment decisions are made independently
You will consult SEBI-registered advisors for personalized advice if needed

17. CHANGES TO THESE TERMS

17.1 Minor Changes

Minor changes (typos, clarifications, formatting) are effective immediately upon posting. The "Last Updated" date will be revised.

17.2 Material Changes

Material changes (new fees, reduced rights, expanded liability) require:

30 days advance notice via email and in-app banner
Effective date 30 days after notice
Continued use after effective date = acceptance of revised Terms

17.3 If You Disagree

If you do not agree to material changes:

Stop using the Platform before the effective date
Request account deletion (old Terms apply to deletion process)
No refunds for prepaid subscriptions unless legally required

17.4 Version History

Previous versions of these Terms are archived at: niveshakapp.com/terms/changelog

18. FORCE MAJEURE

Niveshak™ shall not be liable for failure to perform obligations due to events beyond our reasonable control, including:

Natural disasters (earthquakes, floods, pandemics, fires)
Government actions (shutdowns, regulations, sanctions, censorship)
Strikes, riots, civil unrest, or war
Internet, telecom, or power failures
Third-party service provider outages (AWS, exchanges, publishers)
Acts of terrorism or cyber attacks

During force majeure events:

We will notify users via email or in-app messaging as soon as reasonably possible
Service obligations are suspended until the event concludes
Subscriptions may be extended by the duration of outage (at our discretion)
We are not liable for losses arising from force majeure

19. SEVERABILITY & ENTIRE AGREEMENT

19.1 Severability

If any provision of these Terms is found invalid, illegal, or unenforceable by a court:

That provision shall be modified to the minimum extent necessary to make it enforceable, OR
Severed entirely if modification is not possible
All other provisions remain in full force and effect

19.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Niveshak™ regarding use of the Platform.

They supersede all prior or contemporaneous agreements, representations, or understandings (written or oral).

19.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other.

A waiver in one instance does not constitute a waiver in any other instance.

20. CONTACT & GRIEVANCE REDRESSAL

For questions, concerns, or grievances regarding these Terms:

General Inquiries:
Email: contact@niveshakapp.com
Website: https://www.niveshakapp.com

Grievance Officer (IT Act 2000):
Name: Shivam Mane
Email: shivam@niveshakapp.com

Response Time:
We will acknowledge grievances within 72 hours and aim to resolve within 30 days.

If unresolved, you may escalate to arbitration per Section 14.

TRADEMARK NOTICE

Unauthorized use of the Niveshak™ name, logo, or branding is prohibited and subject to legal action.

END OF TERMS OF USE

Last Reviewed: December 24, 2025
Next Review: June 24, 2026