Terms & Conditions

The Website (as defined hereinafter) is provided by GROWSPACE DIGITAL ASSETS PVT LTD., a company incorporated under the laws of India with company registration number U74999RJ2022PTC079705 (“Company”) with its registered office at 161, Jaswant Nagar, Jaipur-302012, Rajasthan. In these Terms of Service, the term “User” refer to you, the Person or entity accessing, using or attempting to access or use the Website and/or avail Services from the Company. It is clarified that in case of a company, partnership, trust or any other legal entity which uses or accesses or attempts to access or use the Services, “User” shall include such company, partnership, trust or any other legal entity. Company offers the Website, Application, platform and Services conditioned upon the User’s acceptance of all terms conditions policies and notices stated here. Please read these Terms of Service carefully before accessing or using the Website, Application and Services provided by the Company. By procuring a Service from Company, or by access or use of or attempt to access or use the Website or Application, the User agrees to be bound by these terms and conditions (“Terms of Service or “Terms”), as applicable, to the access or use of the Website and Services. If the User does not agree to all the Terms of Service, then the User may not access or use the Website, Application or Services provided by the Company. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service. These Terms of Service apply to all Users of the Website, Application and Services provided by Company, except as may be specifically agreed otherwise in writing. Please note that by access to or use of the Website and Services, the User also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation Company’s Privacy Policy, other policies of Company and the rules applicable to each service. Any new product or services provided by Company, or any new features or tools which are added to the application, Website or Application shall, unless specifically stated otherwise, be subject to these Terms of Service. The User can review the most current version of the Terms of Service at any time on this page. Company reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Company’s application, Website or Application. It is the User’s responsibility to check this page periodically for changes. Following the posting of any changes, the User’s continued use of or access to the Website, application or Application or Services from Company, constitutes acceptance of such revised Terms of Service. Other applicable terms These Terms of Service refer to, incorporate, and include the privacy policy of Company which sets out the terms on which Company process any personal data we collect from the User, or that the User provide to Company. By using the Products, the User consent to such processing and the User warrants that all data provided by the User is accurate. About us The Company provides access to Users to investment opportunities and assist and facilitate customers in Virtual Assets, including but not limited to cryptographic tokens and currencies, equities and assets in foreign exchange markets through an online Application on the Website (the “Services”), and shall include any other allied services provided by the Company from time to time. PLEASE NOTE THAT THE COMPANY ACTS AS AN AGENT OF USERS IN EXECUTING TRADES IN VIRTUAL ASSETS AND OTHER TRADING ASSETS AT THE REQUEST OF THE USER. ON THE ACCEPTANCE OF THESE TERMS OF SERVICE, THE USER AUTHORIZED THE COMPANY TO ACT AS AN AGENT OF THE USER AND TO EXECUTE SUCH TRADES. THE TRADING ASSISTANCE PROVIDED BY THE COMPANY DOES NOT CONSTITUTE INVESTMENT ADVICE OR THE ROLE OF A MUTUAL FUND OR FINANCIAL INSTITUTION IN ANY MANNER WHATSOEVER AND THE COMPANY AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS AND OFFICERS. THE USER IS REQUIRED TO CONSULT ITS OWN INVESTMENT AND PROFESSIONAL ADVISERS AND THE USER IS ENTIRELY AT RISK FOR ANY LOSS OR LIABILITY. Definitions Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows: “Application” means the mobile-based application operated by the Company; “Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time; “Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange; “Fees” means the monthly subscription fees (other than the commission) payable for the availing of the Services, as specified by Company; “Intellectual Property Rights” means: patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in knowhow and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world; rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a); rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist; the right to sue for past infringements or any of the foregoing rights. “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law; “Website” means the website operated by Company; “Virtual Assets” means any information or code or number or token (not being a fiat currency), generated through cryptographic means or otherwise, by whatever name called, providing a digital representation of value exchanged with or without consideration, with the promise or representation of having inherent value, or functions as a store of value or a unit of account including its use in any financial transaction or investment, but not limited to investment scheme, and can be transferred, stored or traded electronically and shall include a non-fungible token or any other token of similar nature, by whatever name called; Changes to the Terms of Service The Company may modify, revise or replace these Terms of Service at any time by amending this page. The User must check this page from time to time to take notice of any changes made to these Terms, as they are binding on the User. The Company may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services, or features of the Services, to the Users (specifically and generally); or create usage limits for the Services. Acceptance of the Terms of Service The User agrees that the User shall be bound by these Terms by accessing or using or attempting to access or use the Website, or by otherwise availing the Services from the Company. If the User does not accept these Terms of Service, the User will not be permitted to open an account for availing the Services. For the User’s access to or use of the Services, the Company grants the User a limited, non-exclusive, non-transferable right to access and / or use the Services. However, the User shall not copy the Services or any of its components, except for the purpose of making a back up copy for the User’s personal use. The Company also grants the User a non-exclusive, non-transferable license to access such content on the Website. For using any content owned by a third party Person, the User still require a license from such third party Person, and the Company does not license such content to the User and the User’s use of content owned by a third party Person, is governed by applicable terms and conditions prescribed by such third party Person. Conditions for use By agreeing to these Terms of Service, a User (which such User is a natural Person) represents that the User (a) is at least the age of majority i.e. 18 years, and is competent to contract; and (b) has not previously been suspended or removed from using our Services. The User represents and warrants that the User has the full power and authority to accept the Terms of Service, access and use the Services provided by the Company, under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. All Services by the Company are governed by these Terms of Service. Where the Services are availed by a company, partnership or any other legal entity, the User represents and warrants that the entity has the full power and authority to accept the Terms of Service and such Terms of Service shall bind such company, partnership or any other legal entity, as applicable. In case the Company alters or amends the eligibility criteria to be registered for receiving the Services and the User no longer complies with the new eligibility criteria, as determined by the Company in its sole discretion, the User accepts that the Company may restrict or suspend the access to the Services without any liability for the Company. The User is solely responsible for ensuring that the User are in compliance with these Terms of Services. The User agrees that the User shall, as required or instructed by the Company, update the devices to operate the Services, as may be instructed by the Company. In case the User fails to update as required, the User may not be able to use the Services. The User shall ensure that there are proper encryption and security measures at its respective desktop, mobile device or other device used to access the Services to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information. The User agrees and accepts that the User can access or use the Services only for oneself and not on behalf of any third party, unless specifically approved by the Company. In case the User intends to trade on behalf of another entity or third party, the User shall intimate the Company separately and obtain a prior email approval, after which the User may use the Services for the use of only the specified third party. If the User uses any Services on behalf of any third party, both the User and such other third party will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the third party or by the User. The User agrees and accepts that the professionals and advisors engaged by the Company for provision of the Services are third party contractors and are not employees or authorized personnel of the Company. The Company is not liable for any actions and omissions of such persons and the User agrees to accept the services provided by such persons at the risk of the User. The User shall not make any claims or demands against the Company in case of any losses, costs, damages or other charges suffered or incurred by the Users in connection with any acts or omissions of the personnel or and injury suffered by the User for acting on the instructions or advice of the personnel. Further, the User shall not attempt to circumvent the Company’s relationship with the personnel in any manner whatsoever or encourage others to do so. Availability of the Services The User may not use the Services for any illegal or unauthorised purpose nor may the User, in the use of the Services, violate any Applicable Laws (including but not limited to copyright law and company law). The Company reserves the right to refuse or discontinue the Services to anyone for any reason at any time. In order to access or use the Services, the User will be required to setup an account with the Company on the Website for the use of the Services. The User will be required to provide personal details, login information, a password and other information required by the Company in connection with the setup of the account. In case of any inaccuracy or material omission in the information provided by the User to the Company, the Company reserves the right to discontinue to the provision of the Services. The User agrees to promptly update the User’s account and other information required by the Company, including the User’s email address, mobile number, personal details, and details of a User’s payment instrument, in connection with the provision of the Services. The User undertakes to provide all such information, documents, and data as may be required or instructed by the Company for the use of the Services. The User will be required to: (a) create a unique password; (b) promptly notify the Company if the User discovers or suspects any unauthorized access or use of the User account or any security breaches related to the User account; and (c) be responsible for all activities that occur under the User account, and accept all risks of any authorized or unauthorized access to the User account. The Company may offer optional enhanced security features for the User account (including, for example, two-factor authentication), which is recommended to be used by the Users. However, in all circumstances, the Company disclaims any liability arising out of or in connection with any damage, loss, costs involved in case of any security breach or unauthorised access to the User account. The User hereby authorizes the Company to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used the User account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from the User that the security of the User account has been compromised, the Company will take reasonable steps to protect the User account. The User agrees and undertakes to pay the Fees for the Services, as specified by the Company, on a monthly basis. The User agrees and accepts that the Company has arrangements with banks, financial institutions and payment processors for the collection of the Fees and the User shall strictly adhere to the terms of such banks, financial institutions and payment processors with respect to the payment of Fees. In case the Company is unable to collect the Fees from the User for any reason whatsoever, including, without limitation, on account of any technical malfunction, the User agrees and undertakes to promptly pay the Fee to the Company. In case of the non-payment of the Fees, the Company reserves the right to discontinue the Services and/or restrict the User’s access to the Services. The Fees for the Services are subject to change without notice. The Company reserves the right to modify the Fees at any time with a notification to the User. In case of the User’s continued use of the Services, it shall be deemed that the User has accepted such revised Fees. All Fees for the Services shall be payable in advance and the User is required to take note that unless specified by the Company, all Fees shall be non-refundable except where the Company has not provided any Service to the User on account of any default or failure by the Company. The Fees will be invoiced automatically, as specified by the Company. Please note that the Company shall note bear any cost and expenses incurred by the User for availing the Services. In case the Company introduces any future product or service, the Company shall separately notify the terms or refund and payments applicable to such service. Risk Disclosures of Cryptocurrency and Other Trading Assets The trading of any type of Virtual Assets, especially cryptocurrencies and cryptocurrency derivatives, and the use of Services provided by the Company, involves significant risks and potential for financial losses, including without limitation the following: The features, functions, characteristics, operation, use and other properties of cryptocurrencies (“Currency Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact using the Cryptocurrencies may be complex, technical or difficult to understand or evaluate. The Currency Properties, their Underlying Technology, the Website and other Services may be vulnerable to attacks on the security, integrity or operation of the Currency Properties or their Underlying Technology (“Threats”), including Threats using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology. Cryptocurrency or other trading assets, as applicable, may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to various Threats, changes to the Currency Properties or failure of the cryptocurrency to operate as intended. The Company may suspend or cease to support the transfer or trading of any trading asset at any time at its sole discretion. The Services may not support Virtual Assets and cryptocurrency, other than which are specified by the Company. The Company may suspend or reject the User’s transaction requests, suspend or cease support for certain cryptocurrencies, or suspend or terminate the User’s access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at its sole discretion. Any Virtual Asset or cryptocurrency may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Currency Properties or perceived value of Currency Properties, Threats, suspension or cessation of support for a Virtual Asset or cryptocurrency by the Company or other exchanges or service providers, and other factors outside the Company’s control. The User may be prevented from sending a transaction request, or the User’s transaction request or email may be lost, intercepted or altered during transmission and therefore not be received by the Company or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues). Unauthorized third parties may access or use the User account and effect transactions without the User’s knowledge or authorization, whether by obtaining the password to the User account, obtaining control over another device or account used by the User in connection with any enhanced security measures enabled for the User account, or by other methods. The risks described in this Section 8 may result in loss of Virtual Asset or cryptocurrency, decrease in or loss of all value for the Virtual Asset or cryptocurrencies, inability to access or transfer Virtual Assets or cryptocurrencies, inability to trade Virtual Assets or cryptocurrencies, inability to receive financial benefits which are available to other Virtual Assets or cryptocurrency holders, and other financial losses to the User. The User hereby assumes and agrees that the Company will have no responsibility or liability for, such risks. The User hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to the User, against the Company, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. The User represents and warrants that the User has: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Virtual Assets or cryptocurrency or cryptocurrency derivative that the User decides to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make an evaluation of the merits and risks of any Virtual Assets or cryptocurrency or trade as supported by the Services. The User accepts the risk of trading in Virtual Assets or cryptocurrencies or cryptocurrency derivatives by using the Services and are responsible for conducting an independent analysis of the risks specific to the Virtual Assets or cryptocurrencies, cryptocurrency derivatives and the Services. The User should not place any orders to acquire or trade any cryptocurrency derivatives unless the User has created a strategy and have placed the appropriate amount of trading assets, as required (“Margin”). The User represents and warrants that the User has the technical ability and expertise to understand and evaluate the consequence or effects of any trading contracts (including orders), including such of these contracts or trades as may remain outstanding from time to time, after squaring-up or netting-off any of such trades, to the extent feasible (“Position”). The Company’s decision to support transfer, storage or trade any particular Virtual Asset or cryptocurrency or cryptocurrency derivative through the Services does not indicate the Company’s approval or disapproval of the Virtual Assets or cryptocurrency or the integrity, security or operation of the Virtual Assets or cryptocurrency or its Underlying Technology. The risks associated with Virtual Assets or cryptocurrencies or cryptocurrency derivatives and trading them applies notwithstanding the Company’s decision to support a particular cryptocurrency or any cryptocurrency derivative as supported by the Services. The Company (a) do not provide trading advice, (b) do not have any fiduciary duty to the User or any other user, and (c) do not make any warranty about the suitability of the Virtual Assets or cryptocurrency for trading or ownership by the User. Disclaimers Any information provided to the User by the Company or an employee of the Company or a User of the Services should not be treated as financial advice and no employee of the Company should be considered a financial advisor. Any communication made by the Company in any form, chat on support channel, email, material on the site should not be treated as financial advice. We are not liable for any losses incurred due to any action taken by the User in accordance with any information provided to the User by the Company. The User hereby acknowledges and agrees that nothing on the Website, or made available through the Services shall constitute or is intended to constitute: A financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity; Investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment; The making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment; or Any financial service or activity regulated or controlled by or pursuant to Applicable Law. The User agrees that the User is using the Services at its own risk, and the Company, its affiliates, employees, clients and agents will not be liable for any losses that may be incurred by the User as a result of trading on our Application or using the Services. The value of shares and investments, and the income derived therefrom can increase or decrease, and the User may not receive the amount invested. Past performance is not necessarily a guide to future performance. No copied trader, account, portfolio and/or strategy guarantees the future performance of the User’s account, or any specific level of performance, the success of any investment strategy or the success of the overall management of the Company. Investment strategies are subject to various market, currency, economic, political and business risks. The User acknowledges and agrees that the User has read, understood and accepted the disclaimers listed under this Section 9 as an inherent part of these Terms. To the maximum extent permissible under applicable law, neither the Company not any of its affiliates shall be liable for (a) any loss arising from adhering to the User’s written or oral instructions; (ii) any loss the User may suffer by reason of any decision made or other action taken by an account elected to be copied by the User; or (c) specifically any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy and/or portfolio. Exchange Orders and Trades Strategy: The User may have, as a part of the Services, access to the software to create its own strategy of trade (“Strategy”) upon registration of the User account. The User hereby agrees and acknowledges that any sample Strategies available for the User’s use or reference shall not be construed as financial advice, and the User shall not own any such sample Strategy created by the Company. The User hereby warrants that all details and information included in the User’s Strategies shall be true and accurate. The Company shall not, under any circumstance whatsoever, be liable for any mistakes, errors or misrepresentations by the Users or other third party trading through the Users. API Key: The Company collects an application programming interface key (“API Key”) of other exchanges which hold the User’s funds. By using the Services, the User hereby grants permission to the Company to place orders and trade on the User’s behalf on the exchange using the User’s API Key, as required. The Company does not guarantee execution via the API Key and does not warrant the protection or security of the API Key. The Company shall not be liable for any losses incurred by the User in the event an API Key is lost, stolen, misused or malfunctions. The Company shall collect an API Key from the User for the purpose of placing orders in accordance with the User’s strategies and instructions. In the event the User provides a withdrawal API Key which may cause, upon placing an order, any withdrawal from the User account, the Company shall not be held liable under any circumstances. No Broker or Fiduciary Relationship: Other than as set out in these Terms of Service, the Company is not a broker, intermediary, agent, or advisor of the User and has no fiduciary relationship with or obligation to the User in connection with any trades or other decisions or activities effected by the User. No communication or information provided to the User by the Company is intended as, or shall be considered or construed as, advice. The sample Strategies provided by the Company for the User’s reference or use cannot be construed as financial advice. Cancellations: The User may only cancel an order initiated via the Services if such cancellation occurs before the User’s order has been matched with an order from another User. Once the User’s order has been matched with an order from another User, the User may not change, withdraw, or cancel the User’s authorization in order for the Company to complete such order. Interaction amongst Users The Company may provide the Users with the option to interact with each other through messages on the Website. The Company endeavours to ensure safe and enjoyable interactions between all users of the Services. However, the Company does not bear any liability or responsibility for any User interactions. The Company is not responsible if the User intentionally, or otherwise, discloses its personal information to other Users in the free text areas of the Website, email correspondence, or in any publicly accessible forum. The User agrees to use caution in all interactions with other Users, in any manner and through any medium. Restrictions on the use of the Services The Company provides the Website for use by the Users for availing the Services that are provided by the Company. The User agrees that the User shall not use the Website or the Services in any manner inconsistent with these Terms of Service, or in breach of Applicable Laws. The availability of the Website or the Services is subject to the maintenance of an active computer / mobile phone, electricity, internet connection and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the Website, or the Services due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the Website or the Services or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the Website, or the availability of the Services. The User shall be solely responsible for the confidentiality, safety and security of the User account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of User’s account. In case the password is lost or misplaced, the User shall promptly inform the Company. In case the username and the password associated with the User’s account is lost/stolen/misplaced/hacked/no longer in the User’s control, The User shall promptly inform the Company. The Company will upon receipt of such information block the relevant account. The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services or any component or content thereof, available to any third parties prior the prior written consent of the Company. The User shall not circumvent or disable any digital rights management, usage rules, or other security features of Services or the Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services; and not use the the Services or the Website in a manner that threatens the integrity, performance, or availability of the Services or the Website. Without limiting the foregoing, the User agrees that the User shall not use the Website, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that: is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person's computer, its web-sites, any software or hardware, or telecommunications equipment; advertises or offers to sell any goods or services for any commercial purpose is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; violates any Applicable Law for the time being in force; belongs to another Person to which the User does not have any right to; interferes with or disrupts the Products or the Company or any other person’s websites, servers, or networks; impersonate any other person; harms minors in any way; forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on its websites; engages in any illegal activities; is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a Person, entity or agency for financial gain or to cause any injury to any Person; defame the Company and its employees, officers, directors, agents, partners and service providers, including without limitation, by posting any defamatory content on any social media; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation. The User shall not attempt to or engage in any activity that may: reverse engineer, decompile or otherwise extract the source code related to the Services; use any robot, spider, retrieval platform, or other device to retrieve or index any portion of the Services or content thereof; collect information about other Users for any illegal or unlawful purpose; create any User accounts by automated means or under false or fraudulent pretenses for using the Services; transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Website; use the Website or the Services in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Website or the Services, or interfere with any other third party Person's use and enjoyment of the Services; carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Website or any part of the Website or any other User; The User shall not use the Website or the Services for any purpose that might be construed as contrary or repugnant to any Applicable Law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of the Company, its partners or violate the Terms of Service. The Company’s rights Termination: The Company reserves the right to suspend/discontinue the Services and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following: For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service. For any suspected discrepancy in the particular(s), documentation or information provided by the User; To combat potential fraud, sabotage, willful destruction, threat to national security, for any other force majeure reasons etc.; If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons; If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations; If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner; If the User indulges in any abusive or aggressive or threatening behaviour or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of the Company or any other User; and If the Company believes, in its reasonable opinion, that cessation/ suspension is necessary. The Company will not be liable for any losses suffered by the User resulting from any modification of any Services or from any suspension or termination of the User’s access to all or a portion of any Services. If and when Services resume, the User acknowledges that the valuations and exchange rates of trading assets may differ significantly from the valuations and rates prior to such event. Ownership of Services: The Services and all technology, content and other materials used, displayed or provided in connection with the Services including the Website (“Company Materials”) together with all intellectual property rights in any of the foregoing are, as between the User and the Company, owned by or duly licensed to the Company. The Company Materials are protected by copyrights, patent, trademark and other Applicable Laws. Accuracy of information The Company is not responsible if information made available on the Website (including any information in relation to the Services) is not accurate, complete or current. The material on the the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website (including any information in relation to the Services) is at the User’s own risk. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. The Company reserves the right to modify the contents of the Website at any time, but the Company has no obligation to update any information on the Website. The User agrees that it is the User’s responsibility to monitor changes to the Website or any other information provided in connection with the Services. The Company undertakes no obligation to update, amend or clarify information in the Website or on any related website, or in relation to the Services, including without limitation, pricing information, except as required by Applicable Laws. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information in the Company or on any related website has been modified or updated. Warranties No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Website or any data/content, including without limitation, the Services. While the Company may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its Services, the Company does not warrant that Services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that Services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. The Company provides the Website, the Services and other products/services on “as is”, “where is”, “with all faults” basis. The User acknowledges that he/she has not solely relied on any representation/warranty made by the Company, service providers, subcontractors or agents and has made independent assessment of the Products, the Company’s products/services, including without limitation, the Services. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Services or on the Internet generally. ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES. Exclusions of liability Notwithstanding anything to the contrary, the Company, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for: any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Products, the Services or any other products/services of the Company and data/content or reliance on those, including without limitation, in case of the Services, the Website, howsoever caused and regardless of the form of action (including tort or strict liability); any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access the Company’s products and services, including without limitation, the Services. The Company shall not be liable for any inconvenience, loss, cost, damage or injury suffered by the User or any third Person arising from or caused by: act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; the use of the Company’s products and services, including without limitation, the Services, by third Persons, whether authorised or unauthorised by the User; theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details and password, hardware and/or equipment on which the Services are accessed or operated; the User being deprived of the use of the the Services as a consequence of any act or omission by the Company for any reason including but not limited to compliance with any Applicable Laws. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL THE COMPANY OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, THE SERVICES, THE WEBSITE, OR ANY REFERENCE SITE, APPLICATION, OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE SERVICES, OR OTHER SERVICES OF THE COMPANY OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH THE COMPANY; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS INR 1,000, OR ANY LOWER AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LESS. The Company shall make all best efforts to provide uninterrupted services subject to down time and regular maintenance Notwithstanding anything in these Terms of Service, the User acknowledges that the Services may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. The Company shall adopt all such best technical and non-technical security measures that it considers are appropriate and are the same as that is prevalent in the industry to render the Services, however the Company does not guarantee that such security measures cannot be subverted to gain unauthorized access. In the event of interruption to the Services or loss of use and/or access to the Website, the Company shall be to use best endeavors to restore the Services and/or access to the Website as soon as reasonably possible. The Company is not responsible for any information or content uploaded by the User on the Services. The Company is not responsible for any direct or indirect damages or losses caused to the User, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Website. It is solely the User’s responsibility to evaluate the accuracy, reliability, completeness and usefulness of information and content available on the Website that is used by the User. Third party services The Company may provide the User with access to third-party tools and services and certain content, products and services available by the Company may include materials from third-parties which the Company neither monitor nor have any control over. Third-party links on the Website may direct the User to third-party websites that are not affiliated with the Company. The User acknowledges and agrees that the Company provides access to such links, website, tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of third-parties. The Company shall have no liability whatsoever arising from or relating to the User’s use of third-party tools and services. The User is requested to review the third-party’s policies and practices carefully and make sure that the User understands them. Complaints, concerns, or questions regarding third-party products should be directed to the third-party. Payments and chargebacks In order to facilitate the provision of the Services, the User will have to link an appropriate payment instrument such as bank account, credit or debit card, semi closed prepaid wallet etc. with the Company’s payment partner. Please note that a payment is executed by the Company’s payments partner and Company is not liable for any loss or damage to the User from the use of such service. Any chargebacks will be in accordance with the terms of such partners, card agencies and Applicable Laws. In case of an erroneously executed transaction, the Company may provide a refund, after being satisfied of the error. However, the Company is not under any obligation to provide any refund. A transaction, once confirmed, is final and no cancellation is permissible. At the request of the User, the Company may, in certain exceptional circumstances and at its sole and absolute discretion, permit a cancellation of a transaction and refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions applicable to the transaction. For effecting the Services and processing payments, the Company requires details of the User such a name, phone number and email address. The Company may also require certain documentation such as the User’s Aadhaar card, PAN card, voter identification card etc. to verify the User’s identity in accordance with laws. If so required by the Company, the User will provide all information and documents required by the Company, failing which, the User may not be able to use the Services. The User’s access to the Services may be frozen without any intimation to enable the Company to comply with any of the Company’s regulatory (including self-regulatory) and legal obligations. The Company will notify the User of such action as soon as reasonably practicable. Viruses The User will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User shall not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Services. By breaching this provision, the User would commit a criminal offence under the Information Technology Act, 2000. The Company will report any such breach to the relevant law enforcement authorities and the Company will cooperate with such Governmental Authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website and the Services will cease immediately. The Company will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect the User’s computer equipment, computer programs, data or other proprietary material due to the User’s use of the Services or the User’s downloading of any information and content on it, or on any website linked to it. The User should use the User’s own virus protection software. The Company cannot and do not guarantee or warrant that files available for downloading from the Website will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. Personal information The User’s submission of personal information through the Website is governed by the Company’s Privacy Policy. Intellectual property All Intellectual Property Rights in the Website or the Services belong to the Company or the applicable third-party owner of such rights. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. The Company retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the Company. No part or parts of the Website or the Services may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without the Company’s prior written permission. The User may view, print or use the Company’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content. The User shall not claim any rights or interest in the Intellectual Property Rights of the Company or its partners, or in connection with any other services, features or product offered by the Company to the User, including without limitation, the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of the Company (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation: converting the IP Property from a machine-readable form into a human-readable form; disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof; examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs; performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or making any alteration or change to the IP Property without the express prior written consent of the Company. Indemnification The User agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any Applicable Law or the rights of a third-party. Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Waiver If the Company does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by the Company, unless specifically agreed by the Company in writing. Force Majeure For purposes of these Terms of Service, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, or sabotage; act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money) or provision of the Services. If a Force Majeure Event occurs, the party that is prevented from performing (the “Nonperforming Party”) will be excused from performing those obligations rendered un-performable by the Force Majeure Event. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of the Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance pursuant to these Terms of Service. Relationship of the parties The User agree that no joint venture, partnership, employment, or agency relationship exists between the User and the Company as a result of these Terms of Service, the User’s use of the Products, or the availing of Services from the Company. Assignment The User shall not assign or transfer the rights and obligations if the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without the Company’s prior written consent of the Company may assign or transfer the rights and obligations contained in there Terms of Service to any Person. Governing law and jurisdiction These Terms of Service will be governed by the laws of India without any application of conflict of laws principles. In case of any differences, disputes or disagreements between the User and the Company (“Dispute”), the User and the Company shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose. In case the User and the Company are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or the Company, be referred to arbitration by a sole arbitrator appointed by the Company. The seat of arbitration shall be Singapore and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and the Company. Confidentiality For the purposes of this Terms of Service, the term “Confidential Information” shall mean and include all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secret of the User relating to its business practices and considered to be confidential and proprietary information. The Company shall strictly safeguard the Confidential Information and shall take all the necessary action to protect it against misuse. The Company shall be entitled to disclose the Confidential Information where: Where such Confidential Information is in or enters the public domain without the Company’s default; Where such Confidential Information is known to the Company at the time of first receipt, or thereafter becomes known to the Company prior to such disclosure without similar restrictions from a source other than the User, as evidenced by written records; Where such Confidential Information is disclosed to employees, consultants, auditors, advisors and shareholders of the Party who are under a duty of confidentiality, or pursuant to Applicable Law or order of any Governmental Authority; Where such Confidential Information is required to be disclosed to partners of the Company for the provision of Services (including, without limitation, any services to be provided by the partners). In case the User comes into possession of any Confidential Information of the Company the User shall safeguard the same and shall not disclose such Confidential Information without the prior written consent of the Company. Contact Information Questions about these Terms of Service should be sent to the Company to investor@growspace.ai. Any notices to the Company in connection with the Services or these Terms of Service must be sent to the details given below: 161, Jaswant Nagar, Jaipur-302012, Rajasthan Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt. The Company may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with the Company. The User’s agree that in case there are any changes in any information provided by the User to the Company, including the User’s phone number, e-mail address and other contact details, the User will be solely responsible to update them regularly. The User agrees that all agreements, notices, disclosures and other communications that Company provide to the User’s electronically satisfy any legal requirement that such communications be in writing. If the Company sends any communication by e-mail or to the User’s phone number, it shall be sent to the User’s e-mail address or phone number available on the records created by the User on the Products and it shall be deemed to have been received by the User once it is reflected as sent in the outbox of the e-mail id or at the time of dispatch of the message. Cumulative rights The rights and remedies of the Company provided in this Terms of Service are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law. Entire understanding These Terms and Conditions constitutes the entire agreement between the Company and the User pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the Company and the User.