Usage of SmartBulls

All individuals ("User" or "Users") who access SmartBulls for participation on the SmartBulls platform are subject to these Terms and Conditions, as well as any additional rules, regulations, and terms of use referenced herein or provided by SmartBulls regarding any SmartBulls Services. By using SmartBulls Services, Users agree to abide by these Terms and Conditions and any other applicable rules, regulations, and terms of use.

SmartBulls reserves the right to modify, amend, or revise these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SmartBulls regarding any SmartBulls Services, at any time, without prior notice to Users. Such modifications shall be immediately upon posting on the SmartBulls. By using SmartBulls Services, Users agree to be bound by the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SmartBulls.

SmartBulls may, at its sole discretion, notify Users of any modifications to these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SmartBulls, by sending an email to the User's registered email address or by posting notifications in the User accounts. In the event of such notification, Users may choose to exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SmartBulls. If Users do not exercise such options within the specified time frame, they will be deemed to have accepted the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by SmartBulls.

In certain instances, certain SmartBulls Services may be subject to additional conditions set forth by SmartBulls. To the extent that these additional conditions conflict with these Terms and Conditions, the additional conditions shall take precedence and prevail.

SmartBulls, at its sole and absolute discretion, reserves the right to:

• Restrict, suspend, or terminate any User's access to all or any part of SmartBulls Services;
• Change, suspend, or discontinue all or any part of the SmartBulls Services;
• Reject, move, or remove any material that may be submitted by a User;
• Move or remove any content that is available on SmartBulls;
• Establish general practices and limits concerning the use of SmartBulls;
• Offer discounts to its users in a manner it deems fit ("Bonus"). All such discounts shall be credited in a separate account called the Bonus Account;
• Revise or make additions and/or deletions the list of stocks available for trade in a Terminal
• Assign its rights and liabilities to all User accounts hereunder to any entity. Upon such assignment, intimation of such assignment shall be sent to all Users at their registered email ids.

These discretionary powers of SmartBulls are exercised solely for the purpose of maintaining the efficiency, effectiveness, and fairness of SmartBulls Services. By using SmartBulls Services, Users acknowledge and agree that SmartBulls may exercise such powers at any time, without prior notice or liability, and that such actions shall be binding on the User.

SmartBulls reserves the right, at its sole and absolute discretion and without prior notice to the User, to restrict, suspend or terminate the access of any User to all or any part of SmartBulls Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on SmartBulls, and take any technical and legal measures as it deems necessary, in the event of any breach or suspected breach of these Terms and Conditions, or illegal or improper use of SmartBulls or the SmartBulls Services by the User.

Users consent to receiving various communications such as announcements, administrative messages, and advertisements from SmartBulls or any of its partners, licensors, or associates. By agreeing to these Terms and Conditions, Users acknowledge and accept the terms of this communication consent.

User Conduct

Users agree to comply with the Terms and Conditions and all other rules and regulations of the SmartBulls. In the event that a user violates these terms and conditions or any other regulations or terms of use, SmartBulls reserves the right to take appropriate corrective measures, which may include, but are not limited to:

• Restricting, suspending, or terminating any User's access to all or any part of SmartBulls Services.
• Deactivating or deleting a User's account and all related information and files on the account.

Users agree to provide and maintain their registration information accurate, complete, and current throughout their use of the SmartBulls. This includes providing truthful information during registration and updating their details promptly whenever changes occur, as required by SmartBulls.

Users are prohibited from registering or operating more than one account with SmartBulls.

Users agree to add SmartBulls' email and SMS to their "safe senders" list to ensure they receive all communication. SmartBulls is not responsible if any email/SMS goes to the User's junk or spam folder.

Users are responsible to keep their account and password/PIN information confidential. If they suspect any unauthorized use of their account or any breach of security, Users must inform SmartBulls immediately.

Users are required to log out of their SmartBulls accounts after each session, and acknowledge that failure to do so may result in loss or damage for which SmartBulls shall not be held responsible.

Users agree to refrain from using any cheats, automation, software, bots, hacks or any unauthorized third-party software designed to interfere with or modify the SmartBulls Services and/or SmartBulls experience, or to assist in such activity.

Users agree not to engage in any activities that involve copying, modifying, renting, leasing, loaning, selling, assigning, distributing, reverse engineering, granting a security interest in, or otherwise transferring any right to the technology or software underlying SmartBulls or SmartBulls’s Services.

Users agree to obtain SmartBulls's express written consent before modifying any files or software that are part of SmartBulls's Services.

Users agree not to disrupt, overburden, or assist in disrupting or overburdening any Server used to offer or support SmartBulls or the SmartBulls's Services, or the enjoyment of SmartBulls Services by any other User or person.

Users agree not to participate in any type of attack, including distribution of viruses, denial of service, or other attempts to disrupt SmartBulls Services or any other person's use or enjoyment of SmartBulls Services.

Users are prohibited from attempting to access User accounts, Servers or networks connected to SmartBulls Services by any means other than the provided User interface.

Users agree not to modify or circumvent any security, technology, device, or software that is part of SmartBulls Services.

Users agree not to publish any intentionally false content with the intent to mislead or harm others for financial gain or to cause harm to any person.

Users agree NOT to use SmartBulls for the following activities/purposes,

• Engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
• Harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
• Transmit any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
• Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, SmartBulls, any software, hardware, or telecommunications equipment;
• Advertise, offer or sell any goods or services for any commercial purpose on SmartBulls without the express written consent of SmartBulls;
• Download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
• Restrict or inhibit any other user from using and enjoying any public area within our sites;
• Collect or store personal information about other Users;
• Interfere with or disrupt SmartBulls, servers, or networks
• Impersonate any person or entity, including, but not limited to, a representative of SmartBulls, or falsely state or otherwise misrepresent User's affiliation with a person or entity
• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through SmartBulls or to manipulate User's presence on SmartBulls(s);
• Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
• Engage in any illegal activities;
• Use the bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities only to \ send and receive messages and material that are proper and related to that particular Forum;
• Engage in any action that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting other nations.

SmartBulls reserves the right to limit the use of usernames that, in its opinion, are obscene, indecent, abusive, or might subject SmartBulls to public disparagement or scorn. Without prior notice to the User, SmartBulls may restrict the usage of such names, change the username, delete the username and associated posts, deny User access to SmartBulls, or apply any combination of these options.

SmartBulls provides chat features, messaging groups, and other social interaction means to facilitate communication between Users. However, our responsibility is limited to providing the SmartBulls Services. Regarding User content and communication between Users, we act as an 'intermediary' as defined in the Information Technology Act, 2000 and its related rules. As an intermediary, SmartBulls has no liability or responsibility for any User content on the SmartBulls website and mobile application, and Users are solely accountable for it. According to the Information Technology Act, 2000, SmartBulls is not obligated to pre-screen User content or communications Users as an intermediary. Besides, SmartBulls has no obligation to monitor User content except for our obligations as an 'intermediary' under the Act.

SmartBulls acknowledges that the use of its services is subject to existing laws and legal processes. It is stated that nothing in the Terms and Conditions shall limit SmartBulls' right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of SmartBulls.

Top-Up Plans

• Auto-renewal is not available. Users must manually renew their top-up plans.
• By subscribing to any of our top-up plans (“User,” “you,” or “your”) agree to be bound by these Terms in full. If you do not agree to these Terms, please do not access or use our Service.
• Top-Up purchases are non-refundable and non-transferable under any circumstances.
• Smartbulls reserve the right to enhance, update, or modify the features associated with each of the top-up plans from time to time. Any changes will be communicated via our App, website notification and various messaging channels.

Cancellation and Refund

• Top-Up plans purchases are non-refundable and non-transferable under any circumstances.

SmartBonus (SB) Usage

• SmartBonus is a virtual in-app currency that can only be used within the SmartBulls app, and cannot be exchanged for real money.
• SmartBonus may be applicable as a discount on top-up plans.
• The bonus amount used in any transaction will be deducted immediately from the user’s bonus balance.
• Any fraudulent activity (such as creating multiple accounts, fake referrals, or exploiting bugs) to gain SmartBonus will result in reversal of bonus and may lead to account suspension or permanent ban.
• SmartBulls has full discretion over the issuance, usage limits, and redemption policies related to SmartBonus.

Service Availability

SmartBulls endeavors to maintain 99.5% uptime for its mobile application and backend services. However, occasional outages may occur due to system updates, third-party issues, or unforeseen circumstances. Users acknowledge that temporary unavailability will not constitute grounds for claims or refunds unless due to proven negligence by SmartBulls.

Payment Security and Compliance

All payments made on the SmartBulls platform are securely processed via trusted third-party payment gateways such as Razorpay. SmartBulls does not store card numbers, CVVs, or other sensitive payment data. All transactions are encrypted and comply with PCI-DSS and applicable RBI regulations. Users are responsible for keeping their transaction credentials confidential.

Legality of Game of Skill

SmartBulls's Usage require skills such as judgment, strategy, multi-disciplinary knowledge, virtual budget management, and mathematical calculations. The Supreme Court has recognized games of skill as distinct from gambling activities in cases such as State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and K.R. Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153). The court held that games of skill are those where "success depends principally upon the superior knowledge, training, attention, experience, and adroitness of the player." By using the SmartBulls, each User acknowledges and agrees that they are participating in a game of skill.

Fair Play Policy

• Use of multiple accounts by a single user is strictly prohibited.
• Use of any form of cheating or exploiting any software is prohibited.
• Sharing account credentials with other users or engaging in any form of collusion is not allowed.
• Use of any third-party software or tool that provides an unfair advantage is prohibited.
• Disrupting the participation of other users, including but not limited to spamming, harassment, or intentional disconnection, is not allowed.

By registering and using SmartBulls, Users agree that they will ensure fair play and will not engage in any Fair Play Violation by technical or non-technical means to manipulate the user performance.

SmartBulls reserves the right to investigate and take necessary actions against any user who violates this Fair Play Policy. Any violation of the Fair Play Policy may result in the suspension or termination of the user's account.

Users are encouraged to report any suspicious or unfair activity to SmartBulls.

SmartBulls reserves the right to modify or update this Fair Play Policy at any time without prior notice to users.

Intellectual Property

SmartBulls is the owner of the intellectual property rights ("Intellectual Property Rights") in all the software underlying the SmartBulls platform and content created by SmartBulls, its partners, affiliates, licensors, associates, and/or Users. This includes but is not limited to software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation. Users are not authorized to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on SmartBulls without express written license from SmartBulls. Any unauthorized use of the Intellectual Property Rights on SmartBulls may result in legal action.

Users may request permission to use any SmartBulls content by writing in to SmartBulls Support.

Users are responsible for any materials they upload, post, e-mail, transmit, or make available on SmartBulls (“Users’ Content”), whether publicly or privately. By uploading Users' Content, each User confirms that they own all Intellectual Property Rights in their content and that none of it infringes on any third-party rights. Users also agree not to use any names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of third parties on SmartBulls. If a third party initiates a claim for infringement of Intellectual Property Rights arising from a User's display or use of names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on SmartBulls, Users agree to indemnify and hold harmless SmartBulls, its directors, employees, affiliates, and assigns from all costs, damages, losses, and harm, including litigation costs and counsel fees, related to such claims.

Users acknowledge and agree that by uploading, posting, e-mailing, transmitting, or otherwise making available any content on SmartBulls ("Users' Content"), they hereby grant SmartBulls and its affiliates, partners, licensors, and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish the Users' Content for any of the following purposes:

• displaying Users' Content on SmartBulls
• distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
• storing Users' Content in a remote database accessible by end-users, for a charge.
• this license shall apply to the distribution and storage of Users' Content in any form, medium, or technology, whether now known or hereafter devised.

Users acknowledge and agree that all names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on SmartBulls belong to their respective owners, whether they are individuals, entities or third parties. Any claims, controversies, or issues related to these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights must be directly addressed to the respective owners with a notice to SmartBulls.

Indemnity

Users agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of:

• any breach by user of these Terms and Conditions or any other rules, regulations, disclaimers or conditions on SmartBulls
• any third party claims that may be initiated including for infringement of intellectual property rights arising out of User actions or omissions;
• any act of fraud or negligence by the user.

Payment Terms

Currently, SmartBulls offers its services free of charge to all users. However, SmartBulls reserves the right to charge fees for the use of SmartBulls services or any portion thereof in the future.

Disclaimer and Limitation of Liability

To the maximum extent permitted by applicable law, SmartBulls and its affiliates, partners, licensors, and associates hereby exclude any and all liability, including but not limited to liability arising out of representations, warranties, and conditions, relating to SmartBulls and the use of SmartBulls Services.

Nothing in this disclaimer shall be construed as limiting or excluding our or your liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by applicable law.

Any limitations or exclusions of liability set forth in this disclaimer shall be construed separately and shall apply and survive even if any of the provisions herein are held to be unenforceable or invalid under applicable law.

Users acknowledge that the use of SmartBulls and its Services is at their sole risk and that SmartBulls and its affiliates, partners, licensors, and associates shall not be liable for any damages or losses of any kind arising out of or in connection with the use of SmartBulls or its Services, including but not limited to direct, indirect, incidental, special, or consequential damages.

Users agree to indemnify and hold harmless SmartBulls, its directors, employees, affiliates, and assigns against any and all costs, damages, loss, and harm including towards litigation costs and counsel fees, in respect of any breach by the User of these Terms and Conditions or any other rules, regulations, disclaimers or conditions on SmartBulls, any third party claims that may be initiated including for infringement of intellectual property rights arising out of User actions or omissions, or any act of fraud or negligence by the User.

SmartBulls sources real-time market data from an exchange-approved vendor. Prices shown on the website and SmartBulls app may be delayed, and the Company is not responsible for the accuracy and correctness of the prices.

SmartBulls will not be held responsible for any loss or damage of any kind that users may experience while using its services. Users access the SmartBulls services voluntarily and at their own risk. SmartBulls provides its services on an "as-is" basis and makes no express or implied warranties of any kind.

SmartBulls is not responsible for any errors or omissions, whether on behalf of ourselves or third parties, and we do not accept liability, whether jointly or severally, for any loss or damage of any nature. Users are solely responsible for any consequences that may arise from their access to SmartBulls Services, including conducting an illegal act or non-compliance with these Terms and Conditions and other rules and regulations. If such an event occurs, the User agrees to indemnify SmartBulls and its officers, directors, employees, and agents on a full indemnity basis for any loss or damage suffered by SmartBulls. The SmartBulls shall not be liable to any User for acts or omissions arising from their engagement with SmartBulls or their participation in SmartBulls.

In exchange for accessing SmartBulls Services, to the fullest extent allowed by applicable law, Users relinquish any and all claims, causes of action, rights, or legal recourse, both present and future, and waive their right to pursue any legal action against the Company, its agents, directors, officers, business partners, affiliated companies, sponsors, employees, or representatives for any harm, injury, or accident, whether known or unknown, anticipated or unanticipated, resulting from or in any way connected to the use of SmartBulls Services.

The information displayed under the Market section of the Mobile Application regarding Indices is provided for information purposes only, and SmartBulls does not engage in any commercial activities related to such indices under any Copyright, Trademarks, or other applicable acts. SmartBulls explicitly disclaims any liability for any loss or claim arising from any reliance on such information for any purpose, as SmartBulls neither promotes the commercial use of such information nor claims to be a partner or distributor of such Trademarks or Copyrights, if owned by any third party.

Feedback, Communication and Email disclaimers

Users acknowledge and agree that any information they communicate to SmartBulls regarding new feature requests, bugs, feedback and suggestions about the service, etc. may be used by SmartBulls without any obligation to you, and you irrevocably assign to SmartBulls all right, title, and interest in that information.

Users acknowledge and agree that SmartBulls ignores and discards all the Email Disclaimers in user’s emails and may use information content as indicated above, even if the user has sent it in error. SmartBulls will not contact users about it but may send an automated response when an email was sent to SmartBulls support.

Cookies

SmartBulls uses cookies and that by accessing the site, the User agrees to their use as described in the site's Privacy Policy. Cookies are commonly used by websites to retrieve User details for each visit and enable the functionality of certain areas, making it easier for visitors to navigate the site. The clause also notes that some affiliate or advertising partners may use cookies as well.

Dispute and Dispute Resolution

These terms state that any disputes arising from these Terms of Service or the rights and obligations of the parties shall be resolved through discussions between the parties. If the parties are unable to resolve the dispute within 15 days, the dispute will be settled through arbitration in Ahmedabad, India. The arbitration proceedings will be conducted in English and by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The arbitrator's decision will be final and binding, and each party will bear its own costs of arbitration, unless the arbitral tribunal decides otherwise. The arbitrator is entitled to pass interim orders and awards, including specific performance, which will be enforceable in competent courts. SmartBulls is not prevented from seeking interim or permanent equitable or injunctive relief prior to or during the arbitration proceedings. Pursuing equitable or injunctive relief does not waive SmartBulls's right to pursue any remedy for monetary damages through arbitration.

Governing Law

The Terms & Conditions and Privacy Policy shall be interpreted in accordance with the laws of India. Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be subject to the exclusive jurisdiction of the civil courts at Ahmedabad.