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TERMS OF USE

LAST UPDATED ON: 17/06/2023
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS MOBILE APPLICATION. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE MOBILE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT INSTALL THE MOBILE APPLICATION.
This Agreement sets forth the terms and conditions of your use of the accompanying AltX platform (the “Platform”). For the purposes of this Agreement, “you” means you, the end user, and “Company” or “AltX mobile app” or “altx.co.in website” or “we” or “our”)” means Akisa Solutions Private Limited and its subsidiaries and affiliates.

ABOUT US
The AltX platform, a trade name owned and managed by Akisa Solutions Private Limited is an entirely free investment platform. Its primary objective is to streamline the process of investing in alternative opportunities by carefully selecting alternative asset classes, enabling you to build a personalized portfolio. AltX provides user-friendly Platform that enhances execution speed and maximize returns in the respective products.

GENERAL
Before availing the Services, you shall complete the registration process as may be prescribed from time to time. You shall follow the instruction given in respective product activation process for registering yourself as a client. Please read the Terms of Use and Privacy Policy carefully before registering on the Platform or accessing any material, information through the Platform. The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Accordingly, please continue to review the Terms whenever accessing or using the Platform. Your use of the Platform as defined above, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. Your use of the Platform on continuous basis shall signify Your confirmation to the changes and the agreement to be legally bound by the same.

REGISTRATION

  1. Account Creation: In order to access certain features of the App, you may be required to create an account. By creating an account, you agree to provide accurate and complete information during the registration process.
  2. Account Credentials: You are responsible for maintaining the confidentiality of your account login credentials, including your mobile number and OTP. You agree to keep your account information secure and not share it with any third parties. You are solely responsible for any activity that occurs under your account.
  3. User Information: You agree to provide truthful, current, and complete information when creating your account. It is your responsibility to update your account information promptly if there are any changes. The Company reserves the right to
    suspend or terminate your account if the information provided is found to be inaccurate, misleading, or incomplete.
  4. User Age and Capacity: By creating an account, you represent that you are of legal age (18 years and above) and have the legal capacity to accept the Terms of Use and access the Platform in accordance with applicable laws and regulations.
  5. Account Security: You are responsible for maintaining the security of your account and preventing unauthorized access. If you become aware of any unauthorized use of your account or suspect any security breaches, you must notify us immediately.
  6. Account Termination: We reserve the right to suspend, terminate, or disable your account at any time and for any reason, including but not limited to violations of these Terms of Use or suspected fraudulent, abusive, or illegal activities or that your usage of the Platform has led to infringement or breach or abuse or unethical manipulation or exploitation of these Terms of Use.

Knowledge Centre
Our dedicated analysis and risk mitigation team is committed to providing you with comprehensive investment opportunities while prioritizing your financial well-being. This team of experienced professionals diligently conducts in-depth research, analysis, and due diligence on potential investment options. They scrutinize market trends, evaluate financial data, and assess risk factors associated with various investment opportunities. By leveraging their expertise and utilizing advanced analytical tools, our team identifies potential risks and works tirelessly to mitigate them. They carefully consider factors such as market volatility, regulatory compliance, industry trends, and financial performance, enabling us to present you with well-informed investment recommendations. With their rigorous approach to risk assessment, the analysis and risk mitigation team aims to help you make informed investment decisions aligned with your financial goals and risk appetite. The knowledge centre is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any
information and advice obtained through the knowledge centre may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

ACKNOWLEDGMENT
Taking cognizance of the above Knowledge Centre, you agree that all investment and disinvestment decisions are based on the your own evaluation of financial circumstances and investment objectives. This extends to any decisions made by you on the basis of any information that may be made available on the Platform. You will not hold nor seek to hold the Company or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses, cost of damage incurred by you consequent upon relying on investment information, research opinions or advice or any other material/information whatsoever on the Platform, web site, literature, brochure issued by the Company or any other agency appointed/authorised by the Company. You should seek independent professional advice regarding the suitability of any investment decisions. You also acknowledge that employees of the Company are not authorized to give any such advice and that You will not solicit or rely upon any such advice from the Company or any of its employees.

LICENSE
Subject to compliance with the Terms of Use, the Company hereby grants You a personal, non-exclusive, revocable, non-sublicensable, non-assignable, non-transferable limited right to install the mobile application on wireless electronic devices owned and controlled by you, and to access and use the Platform through the mobile application. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.

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

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

c. Further, You undertake not to:
i. defame, abuse, harass, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

ii. copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through any medium without obtaining the necessary authorization from the Company;

iii. conduct or forward surveys, contests, pyramid schemes or chain letters; upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

iv. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;

v. engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);

vi. attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the Company’s server, or through the Platform, by hacking, password mining or any other illegitimate means;

vii. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse lookup, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform; viii. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; collect or store data about other Users in connection with the prohibited conduct and activities;

ix. use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform; x. use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; xi. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality; xii. violate the Terms of Use contained herein or elsewhere; and reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

xiii. Shall not use Company’s and/or its affiliates, group and subsidiary companies registration details, and/or any certificates and/or any general details thereby inducing public at large to conduct business, trading activities with You. Additionally, You shall ensure that You shall not undertake any selling/advisory activities, or carry out any transactions and/or mis-sell the products/services offered by the User in the secondary market under the name and title of the Company, its associates, affiliates group and subsidiary companies.

DELAY IN SERVICES
We strive to provide our services promptly and efficiently; however, there may be occasions when delays occur due to unforeseen circumstances beyond our control. These circumstances may include, but are not limited to, technical issues, server outages, system maintenance, network disruptions, acts of nature, or other events that may impact the availability or performance of our app.

The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control.

THIRD PARTY SOFTWARE
Our Platform may integrate or provide links to third-party services, websites, applications, or resources (“Third-Party Services”) that are not owned or controlled by us. These Third-Party Services are provided for your convenience and may offer additional functionality, content, or services.

The inclusion of Third-Party Services within our Platform does not imply endorsement, affiliation, or sponsorship by us. We do not have control over the availability, functionality, content, privacy practices, or security of these Third-Party Services. Your use of such ThirdParty Services is at your own risk, and you should review their terms and conditions and privacy policies. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or
services or products that are available or advertised or sold through these third-party websites.

INTELLECTUAL PROPERTY
You agree that the Company owns and holds all right, title, and interest including all intellectual property rights, in and to the Platform and any documentation, and all subsequent copies thereof regardless of the form or media. Furthermore, all title, ownership rights, and intellectual property rights in the Platform and any Documentation shall remain with the Company, including all corrections, enhancements, or other modifications made thereto. The Platform and any Documentation are protected by copyright and other intellectual property laws and by international treaties. All rights not expressly granted to You under this
Agreement are reserved by the Company.
If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback. All Feedback is voluntary, and even if designated as confidential by You, shall not create any confidentiality obligation for the Company. You shall not provide, disclose, or deliver Feedback to the Company that You do not own or have the authorization or right to disclose. The Company shall be free to use and
exploit any Feedback, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

MODIFY, SUSPEND OR DISCONTINUE THE PLATFORM
The Company reserves the right to modify, suspend or discontinue the Platform (or any content thereof) at any time, with or without notice to you and, to the full extent permitted by law, the Company will not be liable to you or to any third party should it exercise its rights. Termination will not affect the products that you have already acquired.

WARRANTY DISCLAIMER
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other content on knowledge centre are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform services will meet your requirements or your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company and/or our group entities or affiliates shall create any warranty not expressly stated in the Terms of Use.

INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless the Company, and/ its group entities and affiliates, its directors, employees and agents from and against all liabilities, costs, damages, and expenses (including settlement costs and reasonable attorneys’ fees) arising from any claims from anybody that result from or in connection with or relate to your use, reproduction
of the Platform or your breach, non-performance and/or non-observance of any representation, warranty, covenants or obligation under the Terms of Use or due to your acts or omissions or Your violation of any rights of another, including any intellectual property rights or any misrepresentation with respect to the data or information provided by You.

LIMITATION OF REMEDIES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE COMPANY OR ITS and/ its group entities and affiliates, its directors, employees and agents, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED ONE THOUSAND INDIAN RUPEES.

TERM AND TERMINATION.
The Terms of Use will continue to apply until terminated by either You or the Company for reasons set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close your registered account on the Platform; and/or (ii) stop accessing the Platform. If you fail or the Company suspects on reasonable grounds that you failed to comply with the Terms of Use, the Company may in its sole discretion, without notice to you terminate or suspend, in full or in part or impose additional limitations to your access and use of the Platform.

Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate or modify them. If You or the Company terminate your use of the Platform, the Company may delete any content or other materials relating to your and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.

GOVERNING LAW AND DISPUTE RESOLUTION.
This Agreement shall be governed by Indian law and the parties submit to the exclusive jurisdiction of the courts of Pune, Maharashtra, India.

If a dispute arises out of or relates to these Terms of Use or a breach thereof, and if said dispute cannot be settled through direct discussions, the parties agree to first endeavour to settle the dispute in an amicable manner by mediation. Thereafter, any unresolved claim arising out of or relating to these Terms of Use, or a breach thereof, shall be referred to a sole arbitrator (“the Arbitrator”) in accordance with Arbitration and Conciliation Act, 1996. The place of arbitration shall be Pune, Maharashtra, India and the language will be English. The award of the arbitrator shall be final and may be entered and enforced in any court having competent jurisdiction (iii) If either party fails to comply with any procedural order made by the Arbitrator, the Arbitrator shall have the power to proceed in the absence of that party and deliver the award (iv) Neither party shall request or be awarded punitive or exemplary damages of any kind.

EQUITABLE RELIEF
You acknowledge that (i) a breach or threatened breach by you of any of your obligations under these Terms of Use would give rise to irreparable harm to the Company for which monetary damages would not be an adequate remedy and (ii) if a breach or a threatened breach by you of any such obligations occurs, the Company will, in addition to any and all other rights and remedies that may be available to the Company at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from, notwithstanding anything to the contrary contained herein, any court of competent jurisdiction, without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy.

Notice
All notices, requests, demands and other communications under the Terms of Use shall be in writing and English language. The notice shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other
communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so mailed: or (iii) if a Notice is given if sent by email, on the next Business Day after being sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.

SEVERABILITY.
In the event any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired.

ENTIRE AGREEMENT.
You further agree that these Terms of Use is the complete and exclusive statement of the agreement between you and the Company, and supersedes all proposals or prior agreements, oral or written, and all other communications between you and the Company relating to the subject matter of Terms of Use.

FORCE MAJEURE.
The Company shall not be liable hereunder for any failure or delay in the performance of its obligations under these Terms of Use if such failure or delay is on account of causes beyond its control, including, but not limited to, labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, public health related orders or quarantines, casualty, government authority, strikes, or acts of God, in which event the Company shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.

WAIVER.
The failure or delay by the Company to require performance of any provision of these Terms of Use does not constitute a waiver. All waivers by the Company must be provided in writing and signed by the Company, as applicable in each instance, and a waiver in one instance does not constitute a waiver in any subsequent instance.