Terms of Use

INTRODUCTION

Welcome to Trade94.com.

These terms of use (“Terms of Use”) provide the terms and conditions on which users (“You” or “Yourself” or “User”) access, register and subscribe on the website Trade94.com and its sub-domains owned/managed and/or the mobile application Trade94 (collectively referred to as “the Platform”) owned and operated by Techbloom Inc. (“Company” or “Us” or “We”) to avail the Services (defined below). Please note that the Privacy Policy is an integral part of the Terms of Use and should be read together.

AGREEMENT / TERMS OF USE

These Terms of Use constitute a legally binding agreement between Techbloom Inc. , “us“ or “we“ and you (“you”), the individual logging in with their email or through any partnered “Broker“ account, sets forth the terms and conditions that govern your use of Trade94.com (the “Site“ referred as Platform or Trade94.com) and/or any related services (the “Services“) accessed through the Trade94 platform.

We refer to these Terms of Use as the “Agreement.” We may update or amend these Terms of Use from time to time by posting such updates or amendments to the Site. Your use of the Site after we post any such updates or amendments will constitute your agreement to those updates or amendments.

This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or classname actions, and also limits the remedies available to you in the event of a dispute.

Please carefully read these terms of use before accessing the site or using any of the services. If you do not wish to be bound by these terms and conditions or if you cannot remain in compliance with such terms and conditions, you may not access the site or use any of the services and should immediately cease such access and use.

1. USE OF SERVICES

Unless otherwise specified, Trade94.com grants to you a non-exclusive and non-transferable limited right and license to access the Site Trade94.com. The users of this platform, for trading need to have opened a trading and demat account in any of the Broker(s) enabled on the platform. The Services provided on this platform (Trade94.com) is for your personal use only, provided that you agree with and comply fully with the provisions of this Agreement. Certain features of the Site or Services are available only to users who register with Trade94.com via a Broker account and can differ between various devices. The complete customer facing features of Trade94.com is available only by paying a premium depending on the plans available.

You acknowledge and understand that we provide tools and infrastructure designed to allow you to create, and deploy your strategies live in the market.

To be clear, we do not provide any trading advice, only the tools to create them and the data with which you can use them. You can create your own strategies or use strategies made available on the Site to modify them as per your needs.

If you log in directly with your email address some services like placing orders will not be enabled and you might not be shown prices of certain securities based on our discretion. You can add your broker(s) account and have an active premium(paid) plan to use the services listed under that specific plan.

Sample strategy feature: Users can check the sample strategies provided on the dashboard to understand the working of indicators and how to use them. Trade94 is not promoting any stock or indicator, this is just a sample which user on his/her own accord is responsible if used and which results in any profits/losses occurred after deploying sample strategies in the market.

2. ACCOUNTS, PASSWORDS AND SECURITY

To become a registered user, you can login to Trade94.com by using Google authentication. We are eligible to know your current, complete and accurate personal identifiable information, including, without limitation, your real name and the email address through which we can correspond with you and the telephone number, as prompted by the applicable registration form. You further agree to keep any registration information you provide to Trade94.com current, complete and accurate.

Furthermore, you are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account.

We may hold you liable for any losses incurred by Trade94.com or any other party due to someone else’s use of your account or password. You agree to notify Trade94.com by writing to contact@trade94.com immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. Trade94.com will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge.

3. INVESTMENT DISCLAIMER

You acknowledge and understand that the Services of Trade94.com are not intended to supply trading, investment, financial, tax or legal advice. The Services are not trading or investment advice and any observations concerning any security, trading strategy or investment strategy provided in the Services is not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We offer no advice regarding the nature, potential value, risk or suitability of any particular investment strategy, trading strategy, transaction, security or investment. You acknowledge and agree that any use of the Services, any decisions made in reliance on the Services, including any trading or investment decisions or strategies, are made at your own risk. If investment, trading or other professional advice is required, the services of a competent, licensed professional should be sought. No employee, agent or representative of Trade94.com is authorized to provide any such advice pursuant to this Agreement, and any such advice, if given, is in violation of Trade94.com’s policies, and unauthorized and hence should not be relied upon.

You are Solely Responsible for Input, Correctness, and Accuracy. The quality of the product’s analysis depends on the user’s inputs. As a user of the system, You are solely responsible for ensuring the quality of all its inputs. As such, you must carefully review all input parameters in all ways necessary to ensure their accuracy and fidelity. While there are other factors governing analysis and optimization accuracy, the quality of the product outputs depends on the accuracy of your inputs.

The trades generated by the Service may increase beyond what is practical to execute, due to broker execution limits and the difficulties in executing a complex trade in an all-or-none fashion. Moreover, once the trade is executed, the management of a complex trade becomes more difficult than is normally the case. It is your responsibility to ensure the trade is executable and manageable, and appropriate for your needs.

4. CANCELLATION POLICY

Subscription amount once paid is non-refundable. This applies to all the subscription plans (monthly, quarterly, biannual and annual plans). Any Service Fee once paid is non-refundable. The billing cycles are for one month (which we consider as 30 days), three months (which we consider as 90 days), six months (which we consider as 180 days) or one year (which we consider as 365 days) from the first day of the billing cycle, and this subscription might or might not be auto-renewing subscription depending on the platform or the payment method you might be subscribing from, so you understand and are responsible for reading the details of the plan and its setting at the time of subscription.

We bill on the first day of the billing cycle as soon as you subscribe. The billing cycle will get renewed for another cycle of the same period as the previous cycle automatically at the end of the previous cycle. In order to avoid getting charged for the next billing cycle, You need to cancel at least one day before the commencement of the next billing cycle. All prices charged are inclusive of taxes.

You will be able to cancel the subscription to the Platform by clicking on “Cancel subscription“ in Your Payments tab on Trade94.com.

Once You cancel your subscription, You will no longer be able to use the Platform, excluding for the current billing cycle that You have paid for.

Notwithstanding anything contained herein, Trade94 reserves the right to cancel any user (your) subscription anytime with or without prior notice to the client (you).

5. INTELLECTUAL PROPERTY AND TRADEMARK

The Website www.Trade94.com, its general structure, its create, and deploy features, as well as text, animated or non-animated images, know-how, drawings, graphics, as well as the look and feel of the site and the features of zero coding, strategy trade without coding are and shall remain the exclusive property of Techbloom Inc. You are only entitled to view information for your private use only. You may not reproduce, by any means, or process, in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the site. Any total or partial representation of this site by any process without the express authorization of the operator of the Website is prohibited and legal action will be enforced punishable by law.

You hereby agree that the Company shall be the owner of all Content created as a result of your use of the Platform or Services. To the extent that the law recognizes You as the owner of any right in any such data or information, You hereby agree that all such rights shall be assigned to the Company immediately upon creation except for your private data under the data privacy law applicable. To the extent such an assignment is not permitted under applicable law, You agree to provide a perpetual, assignable, exclusive and royalty-free license to enjoy all rights in the such Content owned by You. You agree to take all necessary actions as required by the Company to give effect to this clause.

6. ELECTRONIC COMMUNICATIONS

You acknowledge and understand that (a) we can only give you the benefits of accessing the Site and using the Services by conducting business through the Internet, and therefore we need you to consent to our giving you Communications (defined below) electronically, and (b) this Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you: (i) consent to receive communications from us in an electronic form and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You further agree to receive all service communications from Trade94.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold Broker(s), the exchange (National Stock Exchange), Trade94.com, and its subsidiaries, affiliates, officers, directors, agents, co-branders, sponsors, distributors, or other partners, employees, and representatives harmless from and against any and all claims, demands, actions, causes of action, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise or relate, directly or indirectly, out of, from or to (i) your breach of this Agreement or violation of any applicable law or regulation, (ii) any allegation that any materials that you submit to Trade94.com infringe, misappropriate, or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, or any other rights of a third party, or (iii) access or use of the Site and/or the Services by you or anyone using your Trade94.com account. This Section shall survive in the event this Agreement is terminated for any reason.

8. LIMITATION OF LIABILITY

You acknowledge and agree that we are only willing to provide access to the site and to provide the services if you agree to certain limitations of our liability to you and to third parties. neither Techbloom Inc. (Trade94.com) nor its directors, officers, employees, contractors, agents or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of, delays in operation, transmission or response of, or inability to use the site or the services; (ii) any content contained on the sites and/or the services; (iii) statements or conduct posted or made publicly available on the sites and/or the services; (iv) any product or service purchased or obtained through the sites; (v) any action taken in response to or as a result of any information available on the sites or the services; (vi) any damage caused by mistakes, inaccuracies, omissions, errors, interruptions or loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the sites or the services, or (vii) any other failure of performance of the site or services or other matter relating to the site and/or the services, in each case whether or not caused by events beyond the control of our directors, officers, employees, contractors, agents or sponsors, including, but not limited to, acts of nature, communications line failure, theft, destruction, or unauthorized access to the site or services or content stored therein. In no event shall Trade94.com’s total liability to you for any and all damages, losses, and causes of action (whether in contract, tort, statutory, or otherwise) exceed one rupee (Rs 1.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain types of liability. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

9. FORCE MAJEURE

Trade94.com shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government/regulatory action.

10. USE OF INTERNET

The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc., which are susceptible to interruptions and dislocations; and the Online Trading Service of Trade94.com may at any time be unavailable without further notice. Upon clicking on buy/sell on the order window, based on client’s network speed, a network latency can be experienced, and any rapid clicks on the buy/sell button through same or different windows can lead to multiple order placements. Clients take full responsibility for making sure the actions on the notifications are their own actions and are fully aware of their positions and strategy status when on the buy/sell button. Trade94.com and broker(s) do not make any representation or warranty that the Online Trading Service of broker(s) or Trade94.com will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Exchange or broker(s) or Trade94.com on account of any suspension, interruption, non-availability or malfunctioning of the Online Trading System or Service of broker(s) or the Exchange’s service or systems for any reason whatsoever.

11. ELIGIBILITY TO USE

Services of this Platform are not available to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are not a person barred from receiving services from the Platform under the applicable laws.

The Company reserves the right to refuse access to the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You shall not have more than one active User Account on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your User Account to another party or impersonating any other person for the purpose of creating an account with the Platform.

You undertake that you are allowed to use the broker services and are allowed to participate in the markets under the applicable law, and while you are availing our services will continue to comply with the policies of the Exchanges/Brokers.