Terms of Use

The Terms of Use (hereinafter referred to as “Terms of Use” or “Terms”) describe the terms of the User’s access and/ or use of the website, www.algotest.in (hereinafter referred to as “Website”) and any service offered on or through the Website (hereinafter referred to as “Services”).

These Terms constitute a binding contract between the user of the Website (hereinafter referred to as “User” or “You” or “Your”) and Oraph Private Limited, a company registered under the Companies Act, 2013, having its registered address at D-393 Defence Colony, New Delhi -110024 (hereinafter referred to as “Oraph” or “Company”).

If You do not agree to the Terms of Use, You should not access, view or use the Website.

1. Definitions:
   1. “Privacy Policy” means the privacy policy available on the Website.
   2. “Services” means the services provided by Oraph through the Website including but not limited to backtesting, forward testing, live trading, etc., in the territory of India.
   3. “Trading Strategy” or “Strategy” means set of actions that determine a pattern for present or future trading and/ or investment, based on the selection of trading choices and/or investment choices through sequence of user interface elements provided on the Website;
   4. “User(s)” means the individual(s) who use the Website, or any Services provided through the Website, whether registered on the Website or not.
2. Use of the Website:
   1. Your use of the Website and/ or any Services in any manner, including but not limited to accessing, viewing, and/ or browsing the Website or any part thereof, and registering for and/ or using any Services, amounts to acceptance of these Terms as well as of the Privacy Policy available at https://algotest.in/pp
   2. By accepting these Terms and the Privacy Policy, You represent that:
      1. You are competent to enter into a contract, i.e., You are at least eighteen years of age, are of sound mind and are not disqualified from contracting by any law to which You are subject, if You are using the Website and/ or Services in Your individual capacity; and
      2. You have the requisite authorization to enter into this contract, if You are using the Website and/ or Services on behalf of any other person or entity. You expressly warrant that You have the requisite legal authority and rights to use the Website and/ or the Services and to upload/ provide any information, data and materials during the use of the Website and Services.
      3. You acknowledge that Oraph may modify these Terms at any time. Your continued use of the Website and/ or Services subsequent to any such modification of the Terms represents Your acceptance of such modified Terms.
3. Services:
   Oraph may provide, amongst others, the following services through the Website:
   1. Backtesting: Testing user imputed strategies using historical market data to provide hypothetical and/or historical results;
   2. Forward Testing: Providing real time simulation environment to test strategy behaviour; and
   3. Live Trading: Executing orders on behalf of the User through the User’s brokerage account held with Your stockbroker, in an automated manner based on the selected Trading Strategy.
4. Pricing/Usage Fee:
   You acknowledge that,
   1. Oraph may charge a fixed monthly subscription fee for its Services or may charge such other fees from You as it deems appropriate for the use of its Services.
   2. Oraph may change or alter its pricing structure without any prior intimation to You and the Terms of Use would not in any way restrict upon its right to decide a pricing structure for its Services at any point in time.
   3. Oraph may also charge a service fee or affiliate revenue share from brokers and/ or any third-party entities linked by You to the Website and/ or Services.
   4. Oraph reserves the right to restrict the use of its Service and/ or make such use subject to an increased registration or subscription fee, or to unilaterally change the pricing structure for its Services provided through the Website.
5. Disclaimers:
   1. Except as otherwise provided by law or in the Terms of Use or the Privacy Policy, the Website and Services are provided by Oraph on an “AS IS” basis. Oraph makes no representations about the suitability of any information provided through the Website and/ or its Services including but not limited to content related to stocks and trends, market analysis, Trading Strategy, backtesting, software, products, features for any purpose. Oraph hereby disclaims all warranties and conditions with regard to all such information including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
   2. You understand that neither Oraph nor AlgoTest are registered investment advisors or registered stockbrokers/ dealers. You agree that the use of the Website and/ or Services is entirely at Your own risk.
   3. You understand and acknowledge that there is a very high degree of risk involved in trading securities. Past results are not indicative of future returns. You are solely responsible for ensuring that any content, data, information or materials generated through the use of the Services are accurate, as also correct in law, and Oraph takes no responsibility for the same.
   4. You agree to assume complete and full responsibility for the outcomes of all trading decisions that You make, including but not limited to loss of capital. None of the investment or trading calls made through Your brokerage account linked to the Website should be construed as an offer to buy or sell securities, nor advice to do so. You should consult a qualified broker or other financial advisor prior to making any actual investment or trading decisions.
   5. You understand and agree that hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. No representation is being made that any account will or is likely to achieve profits or losses based on the strategies tested or generated through the Website and/ or Services.
   6. You shall be solely responsible for all Trading Strategies executed by You through the Website in Your portfolio and Oraph will not be responsible for any loss or harm incurred by You due to the trading or investment activities carried out in Your portfolio.
   7. You acknowledge that the information provided by Oraph is a general overview of the Services offered by Oraph through the Website. While Oraph endeavors to provide accurate and updated information, You acknowledge and agree that Oraph shall not be liable for any omission, error, or inaccuracy in the information and materials provided or any failure of Oraph to update the information and material provided through the Website.
   8. You understand that it is Your responsibility to ensure that Your brokerage account held with the broker is adequately set up to execute strategies through the Website. Oraph shall not be liable for any transaction failure, deduction of money, misplaced order, etc occurred due to problems or issues with the brokerage account.
   9. You agree that Oraph is not responsible for any orders executed through Your trading account linked to the Website and/ or Services. You acknowledge and understand that You must monitor Your brokerage account to ensure that the transactions are in accordance with Your Trading Strategy. As You own all rights to the Trading Strategy, Oraph herewith disclaims all warranty and liabilities with regards to accuracy of transactions, misplaced orders or investments of any nature made using the Website and/ or Services.
   10. You acknowledge that You are responsible to maintain confidentiality of any and all details of registration, account information, brokerage account details, bank details, DEMAT account information, investment/ trading strategy, etc. that You provide at the time of registration or at any other time in Your interaction with the Website.
   11. You understand that backtesting, forward testing, and live trading through automated algorithms involves intricate technical, mathematical and logical calculations, that may also give rise to technical issues or bugs in the programming code. You agree that Oraph, its directors, employees, agents or any other person acting on behalf of Oraph will not be responsible for any kind of loss/ damage which You may bear directly or indirectly while implementing your Trading Strategy, nor will Oraph be liable for any kind of compensation or indemnity, whatsoever.
6. Prohibited Uses
   1. While accessing or using in any manner the Website and/ or Services provided by Oraph, You shall ensure that:
      1. You do not use the Website and/ or Services in manner or for a purpose that is unlawful or in an unauthorized manner.
      2. You do not misuse the Website and/ or Services in any manner, including by introducing any harmful elements such as viruses or trojans, or by interfering with the working of the Website and/ or Services in any manner, including but not limited to subjecting the Website to automation, corrupting or interrupting the underlying code, impacting any third-party computer systems, etc.
      3. You do not use the Website and/or Services in any manner so as to overburden or harm the servers, computers, networks or databases of the Website and/ or Services.
      4. You do not create multiple user accounts, make fake registrations and/ or indulge in any fraudulent practices.
      5. You do not store, copy, transmit, or screenshot any portion of the Website or copy any content from the Website to any third-party platform, devices or systems without seeking prior written permission from Oraph.
      6. You do not sell, lease, or assign the Services or other content offered through the Website to any third party without the prior express consent, in writing, of Oraph.
      7. You do not solicit any fee or make monetary gains by providing access to the Website or any content therein.
      8. You do not upload, transmit or publish anything including but not limited to any Trading Strategy, data, or analytics for which You do not have corresponding rights to or any material that infringes the intellectual property rights, in whatever form, of any third party.
      9. You do not copy, modify, distribute, sell, or lease any part of our Services or the underlying source code or make any attempts to reverse engineer the Website, underlying source code or any part of the Services therein.
      10. You do not use the Website or Services for any unauthorized marketing purposes including the promotion of a third-party application or commercial enterprise or for circulating unsolicited marketing materials for personal enrichment.
      11. You do not claim any false affiliation with Oraph including any implication of partnership, agency, employment, or franchise arrangement as a result of merely accessing and/ or using the Website and and/ or Services.
   2. You understand and agree that Your involvement or participation in any of the Prohibited Uses listed in Clause VI.a, would amount to violation of the Terms of Use and Oraph will be entitled seek monetary compensation from You proportionate to Your profit/ gains, if any, and/ or to take action as per law and equity including but not limited to, suspending your user account, restricting access to the Website, reporting to law-enforcement agencies, initiating legal proceedings, etc.
7. Intellectual Property:
   1. The intellectual property rights, including but not limited to patent, copyright, trademark, trade secrets (as applicable), over any and all elements that are part of the Website and Services, contents of the Website including but not limited to the information, pre-coded strategies, logos, designs, illustration, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of Oraph. All intellectual property in and to the Website and its contents and functionalities shall vest solely with Oraph, its partners or its licensors. You shall 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 Website.
   2. Your access and/ or use of the Website and/ or Services shall not be deemed to be a grant of any license or permission to exercise any right in Oraph’s Intellectual Property Rights, except as permitted by this Terms of Use.
   3. The ownership of any information and/ or Trading Strategy provided and/ or uploaded by You during Your access or use of the Website and/ or Services shall continue to vest in You, as against Oraph.
   4. You understand and agree that,
      1. Oraph may use any information and/ or data provided by You during Your access or use of the Website and/ or Services.
      2. You provide Oraph with a limited and non-exclusive license to use any information provided by You during Your access and use of the Website and/ or Services to the extent of maintaining user insights and statistics as feedback for the improvement of the Website and/ or Services.
      3. You waive any and all claims against Oraph regarding the use of any information and/or data provided by You during Your access or use of the Website and/or Services, subject to Sub-Clause ‘2’ above.
8. Links
   The Website and/ or Services may contain links to third-party websites or resources. Oraph has no control over the availability or contents of such third-party websites or resources and does not endorse any such third-party websites or content. Oraph shall not be liable for any damage or loss caused, directly or indirectly, by the use of any third-party websites or resources.
9. Indemnity and Limitation of Liability:
   1. You agree to indemnify and hold harmless Oraph and its employees, consultants, agents and affiliated entities or individuals against all claims, demands, liabilities, costs and damages (including reasonable attorney fees) that may arise from, (i) Your access to or use of the Website and/ or Services, (ii) from any third-party claims as a result of Your access or use of the Website and/or Services, or (iii) any violation by You of the Terms of Use. This indemnity covers third-party legal proceedings (including actions by government authorities) arising out of or relating to Your access or use of the Services or violation of the Terms of Use
   2. In no event shall Oraph and/or its associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website and/ or Services.
   3. Notwithstanding anything contained in these Terms of Use or the Privacy Policy of the Company, neither Oraph nor any of its employees, consultants, agents and affiliated entities or individuals shall be liable for any loss or damage of Personal Data and/ or breach of privacy and for any consequences thereof, under any circumstances
10. Miscellaneous:
    1. The Terms of Use, together with the Privacy Policy, constitute the entire agreement between Oraph and any user of the Website and/or Services, except to the extent that a separate agreement has been entered into with any User
    2. If any provision of these Terms is deemed to be unenforceable, such provision may be severed and shall not in any manner affect the enforceability of the remaining provisions of the Terms of Use.
    3. You acknowledge that Oraph is not acting as Your broker or agent, and it shall not be liable for Your actions or omissions arising as a result of Your use of the Website and/ or Services. You expressly waive any liability of Oraph in this regard.
    4. You understand that trading and/ or investment in the securities market are subject to market risks, and You shall read all investments, offer and scheme-related documents carefully before investing.
    5. Oraph shall not be held liable for unavailability of the Website and/or Services or delay in provision of the Services, resulting, directly or indirectly, from reasons beyond its control, including but not limited to acts of God, acts of government, war, orders of a domestic or foreign court, tribunal or adjudicatory or regulatory authority, failure of internet or telecommunication services, hardware or software malfunction, labour strikes, power failures, explosions, fires, floods, storms, earthquakes, diseases and pandemics.
    6. Oraph reserves the right to terminate or suspend Your account or Your access to the Website and/ or Services at any time, at its sole discretion and convenience or in case of, (i) violation of the Terms of Use, (ii) receipt of a credible complaint, (iii) making monetary gains through re-selling the use of the Website or any functionalities therein, or (iv) violation of any regulatory rules or guidelines.
    7. The Terms of Use, as well as the Privacy Policy, shall be governed by and construed in accordance with the laws of India. The jurisdiction to hear and adjudicate any disputes resulting from or in connection with the Website and/or Services shall vest exclusively in the courts at Delhi.
    8. Any correspondence or notice to be sent to Oraph, other than correspondence under the Privacy Policy, shall be sent to the following entity:
       Address: D-393 Defence Colony, New Delhi – 110024

    Any notice or correspondence sent to any user of the Website and/or Services shall be deemed to have been effectively communicated when sent by any of the following methods: personal delivery, courier, postal mail, fax, phone, or email. The contact information provided by You at the time of accessing and/or registering for any Service on the Website, or as subsequently updated, shall be deemed to be the correct contact information for the purpose of sending any notice or correspondence.