End User License Agreement
This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (“User”, “you” or “your”) and Joydeep Mitra (“ArthaChitra”, “we”, “us” or “our”), governing your access to and use of the ArthaChitra desktop software, website, related services, documentation, updates and associated components (collectively, the “Software”).
By creating an ArthaChitra account, downloading, installing, accessing or using the Software, you acknowledge that you have read, understood and agree to be bound by this Agreement.
If you do not agree to this Agreement, do not create an account, download, install or use the Software.
1. License Grant
Subject to your compliance with this Agreement, ArthaChitra grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Software on compatible devices owned or controlled by you, solely for your personal or internal business purposes.
This license does not transfer ownership of the Software or any intellectual property rights to you.
ArthaChitra reserves all rights not expressly granted under this Agreement.
2. Account Registration
Certain features of the Software may require you to create an ArthaChitra account.
You agree to:
- provide accurate and current registration information;
- maintain the confidentiality of your account credentials;
- promptly update information that becomes inaccurate;
- maintain reasonable security of your account and device;
- notify ArthaChitra if you reasonably suspect unauthorized access to your account
You are responsible for activities performed through your account, except to the extent caused by unauthorized access resulting from ArthaChitra’s failure to maintain reasonable security measures.
3. Software and Intellectual Property
The Software, including its source code, object code, architecture, algorithms, user interface, graphics, designs, documentation, trademarks, logos, proprietary technologies and other components, is owned by or licensed to ArthaChitra and is protected by applicable intellectual property laws.
Except for the limited license expressly granted under this Agreement, no rights are granted to you.
You shall not:
- copy, reproduce or redistribute the Software except as expressly permitted;
- modify, adapt, translate or create derivative works of the Software;
- reverse engineer, decompile or disassemble the Software, except to the extent such restriction is prohibited by applicable law;
- attempt to obtain or extract the source code or underlying algorithms;
- remove copyright, trademark or proprietary notices;
- rent, lease, sell, sublicense, distribute or commercially exploit the Software except as expressly authorized by ArthaChitra;
- use the Software to develop a substantially similar competing product through unauthorized access to or extraction of proprietary components; or
- circumvent licensing, authentication, security or technical restrictions.
4. Financial Markets and Trading Disclaimer
ArthaChitra is a software platform intended to provide charting, market-data visualization, analysis and related trading tools.
ArthaChitra is not a stock broker, investment adviser, portfolio manager, research analyst, exchange or financial institution unless expressly stated otherwise.
Nothing contained in the Software, website, charts, indicators, alerts, analytics, calculations, signals, strategies, educational material or other content constitutes:
- investment advice;
- financial advice;
- trading advice;
- a recommendation to buy or sell any security, derivative or other financial instrument;
- a solicitation to enter into any transaction; or
- a guarantee of any investment or trading outcome.
You are solely responsible for your investment and trading decisions.
You should independently evaluate any information generated or displayed by the Software and, where appropriate, obtain advice from a qualified financial professional.
5. No Guarantee of Trading Results
Past performance does not guarantee future results.
Any strategy, indicator, signal, backtest, simulation, forecast, calculation or analytical output provided through ArthaChitra may contain errors, assumptions, limitations or inaccuracies.
Backtested or simulated results may differ materially from actual trading results because of, among other things:
- transaction costs;
- brokerage and fees;
- taxes;
- slippage;
- liquidity;
- order execution;
- market impact;
- data quality;
- latency;
- corporate actions;
- survivorship bias;
- look-ahead bias;
- changes in market conditions; and
- differences between simulated and live execution.
ArthaChitra makes no representation or warranty that use of the Software will result in profits or prevent losses.
6. Market Data and Third-Party Data
The Software may display, process or transmit market data obtained from exchanges, brokers, data vendors, financial institutions or other third parties.
Such data may be subject to separate terms, licenses, restrictions, fees and usage limitations imposed by the applicable data provider.
ArthaChitra does not guarantee that third-party market data will be:
- accurate;
- complete;
- timely;
- uninterrupted;
- error-free; or
- suitable for any particular purpose.
You agree to comply with all applicable terms and restrictions governing third-party data that you access through the Software.
You shall not redistribute, publish, sell or otherwise commercially exploit third-party market data except where expressly permitted by the applicable provider.
7. Broker and Third-Party Integrations
ArthaChitra may provide integrations with brokers, exchanges, trading platforms, APIs, data providers or other third-party services (“Third-Party Services”).
Use of a Third-Party Service may be subject to separate terms and conditions imposed by the relevant third party.
ArthaChitra does not control and is not responsible for the availability, functionality, security, accuracy, reliability or continued operation of any Third-Party Service.
You authorize ArthaChitra to communicate with a Third-Party Service only to the extent necessary to provide functionality that you have requested or enabled.
You are responsible for ensuring that you have the necessary account, permissions and authorization to use any Third-Party Service.
8. Orders and Trade Execution
Where ArthaChitra provides functionality capable of transmitting orders to a broker or other trading service, you acknowledge that:
- ArthaChitra is not responsible for the broker’s acceptance, rejection or execution of an order;
- execution may be delayed, rejected, partially filled or otherwise affected by the broker, exchange, network, market conditions or other circumstances;
- displayed prices may differ from executable prices;
- connectivity failures may prevent or delay transmission of orders; and
- you remain responsible for verifying orders and executions with your broker.
You should not rely solely on ArthaChitra to determine whether an order has been successfully submitted, accepted or executed.
9. Availability and Service Interruptions
ArthaChitra does not guarantee uninterrupted or error-free operation.
The Software or related services may become temporarily unavailable because of:
- maintenance;
- software updates;
- network failures;
- internet connectivity;
- broker or exchange outages;
- third-party service failures;
- hardware failures;
- cybersecurity incidents;
- force majeure events; or
- other circumstances beyond our reasonable control.
ArthaChitra may modify, suspend or discontinue particular features of the Software at any time.
10. Updates
ArthaChitra may periodically provide updates, patches, bug fixes, security updates, improvements or new features.
Some updates may be required for continued use of the Software.
You authorize ArthaChitra to deliver and install updates in accordance with the applicable Software settings and your device configuration.
An update may modify, add or remove functionality.
11. User Content
If the Software allows you to create, upload, store or share scripts, indicators, strategies, templates, layouts, configurations or other content (“User Content”), you retain ownership of your User Content.
You grant ArthaChitra a limited license to host, store, process, reproduce or transmit User Content only as reasonably necessary to provide the applicable service or functionality requested by you.
You are responsible for ensuring that your User Content does not violate applicable law or the rights of any third party.
12. Prohibited Use
You shall not use ArthaChitra to:
- violate applicable laws or regulations;
- infringe intellectual property or other rights of third parties;
- interfere with or disrupt the Software or related services;
- attempt unauthorized access to systems or accounts;
- introduce malicious software or code;
- circumvent security or licensing mechanisms;
- abuse APIs or third-party services;
- perform unauthorized automated access or excessive requests;
- redistribute proprietary software components; or
- use the Software for any unlawful purpose.
13. Privacy
ArthaChitra may collect and process personal information necessary to create and maintain your account, provide Software functionality, communicate with you, maintain security, provide support and otherwise operate the service.
Where consent is used as the legal basis for processing personal data, applicable consent may be withdrawn in accordance with applicable law and the Privacy Notice.
14. Promotional Communications
If you separately opt in to receive promotional communications, ArthaChitra may send you promotional emails relating to ArthaChitra, including information about:
- new features;
- software updates;
- products and services;
- offers and promotions;
- educational content;
- webinars, events or demonstrations; and
- other information reasonably related to ArthaChitra.
You may unsubscribe from promotional communications at any time using the unsubscribe mechanism provided in the relevant communication or through other methods made available by ArthaChitra.
Essential service communications, including security, account, license, transactional and other operational communications, may continue where permitted or required by applicable law.
15. Fees and Paid Features
Certain versions, features or services may require payment.
Any applicable pricing, subscription terms, renewal terms, payment conditions and cancellation provisions will be presented to you before you purchase the applicable product or service and may be governed by additional terms.
16. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Software and related services are provided on an “AS IS” and “AS AVAILABLE” basis.
ArthaChitra disclaims all warranties, representations and conditions, whether express, implied or statutory, to the extent permitted by law, including warranties relating to:
- merchantability;
- fitness for a particular purpose;
- accuracy;
- availability;
- uninterrupted operation;
- reliability;
- non-infringement; and
- freedom from errors or defects.
Nothing in this Agreement excludes or limits any warranty or consumer right that cannot lawfully be excluded or limited under applicable law.
17. Limitation of Liability
To the maximum extent permitted by applicable law, ArthaChitra and its owners, officers, employees, contractors, affiliates and service providers shall not be liable for any indirect, incidental, special, consequential or exemplary loss or damage, including loss of profits, loss of trading opportunities, loss of business, loss of data or other economic loss arising from or relating to the use of or inability to use the Software.
Without limiting the foregoing, ArthaChitra shall not be responsible for losses resulting from market movements, trading decisions, order execution, broker failures, exchange failures, third-party services, market-data errors, network failures or connectivity problems.
Nothing in this Agreement shall exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law.
18. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless ArthaChitra and its owners, officers, employees, contractors and affiliates from claims, losses, liabilities, damages and reasonable expenses arising from:
- your unlawful use of the Software;
- your violation of this Agreement;
- your violation of applicable law;
- your violation of third-party rights; or
- your misuse of Third-Party Services or market data.
19. Suspension and Termination
ArthaChitra may suspend or terminate your account or license if:
- you materially breach this Agreement;
- your use creates a security or legal risk;
- you misuse the Software;
- you attempt to circumvent licensing or security controls; or
- suspension or termination is otherwise reasonably necessary to protect ArthaChitra, its users or third parties.
You may stop using the Software at any time.
Upon termination, your license to use the Software will immediately cease, except where otherwise required by applicable law.
Sections that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability and applicable dispute provisions, shall survive termination.
20. Changes to this Agreement
ArthaChitra may update this Agreement from time to time.
Where required by applicable law, material changes will be communicated to you through appropriate means.
Your continued use of the Software after the effective date of an updated Agreement constitutes acceptance of the updated Agreement, to the extent permitted by applicable law.
21. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India.
Subject to applicable law, courts located in Kolkata, West Bengal, India shall have jurisdiction over disputes arising out of or relating to this Agreement.
Nothing in this clause prevents either party from seeking urgent or interim relief from a court of competent jurisdiction where legally available.
22. Severability
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
23. Entire Agreement
This Agreement and any additional terms expressly incorporated by reference, constitutes the agreement between you and ArthaChitra regarding the Software and supersedes prior agreements relating to the same subject matter.
BY CREATING AN ARTHACHITRA ACCOUNT, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THIS END USER LICENSE AGREEMENT.