Terms Of Use

1.    Definition
“BSE” or “Exchange” means the Bombay Stock Exchange

“Service Provider” means All Digital and any other companies or firms that are its subsidiaries and affiliates.

“Information” means the Information provided by the BSE to the Service Provider and disseminated to the Subscriber by the Service Provider through the said Product.

“Product” means all the information and data supplied to the Customer by the Service Provider by way of a WhatsApp Message/ Text Message/Mobile Application/Website or by any other means under the Brand Name “Stox Info AI” and/or “Stox Alert AI”.

“Subscriber” or “Customer” or “User” shall refer to the entity/individual who agrees to the terms of use and policies of the Service Provider for obtaining Services or his/her representatives or affiliates who are registered on the Product.

2.    Product License

2.1    Subject to the terms of this Agreement and payment of the Subscription fees, the Service Provider hereby grants to the Customer, a non-sub licensable, limited, restricted, revocable, non-transferable, non-exclusive subscription to access the Product and use the information provided therein for personal use only.

2.2    The Customer shall ensure that its employees, users, account managers or anyone else acting on its behalf (“Personnel”), who are using the Product comply with the terms and conditions as set out in this Agreement.

2.3    In consideration for the Services and the usage of the Product, the Customer shall pay the Service Provider, the Subscription fees as agreed in and accepted by Customer.

2.4    In the event of non-renewal of Subscription by way of non- payment of Subscription fees for any term within the stipulated time, Service Provider shall be entitled to discontinue to provide its Services and suspend Service Provider/ Personnel’s access to use the Product.

3.  Restriction on usage of Information by the Subscriber as Mandated by the BSE in its Agreements Executed with the Service Provider

3.1   The Subscriber   agrees  and  accepts  that  the BSE,  being  the  owner  of  the Information, may enforce any of the terms and conditions of this Agreement,  relating  to BSE’s rights  in the Information,  against  the Subscriber   or any  person  or individual   as if BSE  was  a party  to such  Agreement. The use of such Information   by the  Subscriber   shall  give  sufficient   cause  of action to BSE against  the Subscriber  to protect  BSE’s  rights  and interests  in relation  to the Information.    However,   nothing   in this Agreement shall be construed to create a privity of contract between Subscriber and BSE.

3.2    The Subscriber will have a non-exclusive, non-transferable, non-assignable license to receive and use the Information by way of the said Product solely for the Subscriber’s internal use.

3.3    The Subscriber acknowledges and agrees that BSE has all the right, title and interest and all other intellectual property rights in the Information.

3.4    BSE does not grant any express or implied right to the Customer or Subscriber under any patents, trademarks, copyrights, trade secret information or other Intellectual Property.

3.5    BSE reserves the right to terminate or deny or direct the Service Provider to terminate or deny, the Subscriber’s access to the Information thereof, without notice and in which event this Agreement shall stand terminated with immediate effect without any further recourse to the Subscriber in that regard.

3.6    The Subscriber shall endeavor to do all necessary acts, deeds and things to ensure that the Intellectual Property rights in the Information shall effectively vest in BSE. The Subscriber shall not directly or indirectly apply for or permit any other person to apply for registration of any Intellectual Property rights in the Information.

3.7    The  Subscriber  shall  comply  with  and  submit  to any  audit  laid down by  the Service Provider  and/or  BSE  from  time  to  time  and  shall  co-operate  and  offer  full assistance to the Service Provider and/or BSE for conducting such audits.

3.8    Subscriber acknowledges that the Subscriber’s license to use the Information shall terminate forthwith upon the termination   of this Agreement and/or upon termination of agreement between BSE and the Service Provider.

3.9    Subscriber shall ensure security of Information.

3.10    The Subscriber hereby agrees to indemnify and hold the BSE to be immune from any  claim  or  demand  made  by  any  third  party  due  to  or  arising  out  of  the Subscriber’s  use  of the  Information,  or the violation  of the  terms  of use,  any Intellectual Property or any other right of any person or entity by the Subscriber.

4.  Subscriber represents and warrants that:

4.1    it shall not rent, lease, distribute, license, sublicense, sell, resell, assign, transfer, timeshare, or otherwise make Product available to any third-party contrary to the terms stated herein;

4.2    it shall not reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Product and shall not create any other Application based on the said Product.

4.3    it shall not do any act which shall damage, disable, overburden or impair Service Provider’s servers or network, or interfere with any other party’s use and enjoyment of the Product;

4.4    it shall not access the Product in order to build a commercially available product or service which competes with the Product;

4.5    it shall not use the Product in a manner that is prohibited by any law or regulation; it shall not copy any features, functions, integrations, interfaces or graphics which are part of the Product;

4.6    it shall not willfully tamper with the security of the Product, including attempting to probe, scan or test the vulnerability of the Product or to breach the security or authentication measures;

4.7    The User shall use the Information received under this agreement for its personal use only and shall not forward, distribute or re-distribute the Information received from the Service Provider through any online, offline, digital or social media channels like WhatsApp, Telegram, YouTube, Instagram, Facebook etc. or by any other means.

4.8    it/ or its Personnel shall further not transmit any information through the Product, in any manner or avail Product in any manner, which may:
a.    be unlawful, threatening, abusive, libelous, defamatory;
b.    refute or is contrary to what is set out anywhere in the Agreement;
c.    is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling);
d.    violates the privacy of any third-party.

5.   Customer Data

5.1    Subscriber agrees that all personal information, data, and material that is provided by the Customer at the time of availing the Subscription of the said product (collectively “Customer Data”) has been provided by it voluntarily and the Service Provider shall take due care to ensure the privacy of the Customer Data. However, the Service Provider is not and shall not be obliged to review the Customer Data for accuracy or potential liability, and the Customer shall fully indemnify, defend and hold Service Provider harmless from and against any and all damage, losses, costs, or liabilities that may be caused due to Customer Data being used in any manner, not intended under this agreement.

6.  Representations and Warranties

6.1    Each Party hereby represents, warrants and covenants that:

a.    Each Party has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;

b.    Each representative of the Party executing this Agreement (electronically or physically) is authorized to bind the respective Party;
c.    The Parties will comply with all applicable legal and regulatory requirements applying to the exercise of the party’s rights and the fulfillment of the party’s obligations under this Agreement; and

d.    Each Party has access to all necessary know-how, expertise and experience to perform its obligations under this Agreement.

7.  Availability of Services and Warranty limitations

7.1    Neither the Service Provider nor any of its representatives has made or will make any representation or warranty whatsoever, express, implied or statutory, including, without limitation, any implied representations or warranties of accuracy of the Product; merchantability; fitness for a particular purpose; title; enforceability or non-infringement of Product.

7.2    The Customer acknowledges that complex software, is never wholly free from defects, errors and bugs related to design, functionality, security and other aspects of the Product; and subject to the other provisions of this Agreement, the Service Provider gives no warranty or representation that the Product will always be wholly free from defects, errors and bugs.

7.3    The Service Provider warrants that a) the functionality of the Products will not be materially decreased during a Subscription Term. For the purpose of this clause, a Subscription Term is defined by the term for which the subscription payment is already made. For any breach of either such warranty, the Customer’s exclusive remedy shall be termination of Subscription including refund of advance payments on pro-rata basis made for the remaining Subscription Term.

7.4    The Customer agrees and understands that the use of the said information in any manner shall be at the Sole Risk of the Customer as to costs and consequences arising therefrom and the Service Provider or the BSE shall not be responsible or liable for any losses, liabilities or any other material damage caused to the Subscriber on account of use of the said Information / Product by way of taking any positional calls on any shares or otherwise.

8.    The information is provided “as is” and “with all faults” and without warranty of   any   kind   other    than as expressly provided in this agreement. The service provider    does   not warrant, guarantee or make any representations concerning the use, results of use or inability to use the information in terms of timelines, truthfulness, sequence, completeness, accuracy, reliability currentness, performance or otherwise.

9.    The service provider   does   not   warrant   that   the   information   will   be uninterrupted or free of any error, omission, defect, shortcoming or limitation of any nature. The user of the information assumes the entire risk as to the suitability, use, results of use, accuracy, completeness, and currentness of the information and shall waive any claim of detrimental reliance upon the information.

10.    The Service Provider does not warrant that it shall continue to disseminate, transfer or transmit information to the customer using the Product or technologies governing the transmission of communication.  The Service Provider disclaims all responsibility and/or liability for any loss of information, transmission time, revenues, and/or goodwill which may occur to the customer.

11.    The Service Provider disclaims any and all responsibility for loss/delay/latency      of data or any consequences, intended or unintended, of testing or use of the product.  The Service Provider does not warrant that the information shall be free of all errors, or that the information will satisfy any intended    purpose   or requirement     of the customer   or any other person.  Nothing   contained in the information/Product should be interpreted as an   offer,   contract,    representations     or warranty   other than the ones expressly   provided   herein.

12.  Limitation Of Liability

12.1    The Service Provider  shall  not  be  liable  to Customer or any other  person   regardless    of  the  cause   or  duration,    for  any  errors,   inaccuracies, omissions,   or other  defects  in,  or untimeliness   or unauthenticity   of the Product or Information, or for  any  delay  or interruption in the  transmission thereof,   or for  any  claims  or losses  arising  there  from  or occasioned   thereby.

12.2    The Service Provider  and  the  Customer   shall  not  be  liable  to  each  other  for  indirect,   punitive, special,  consequential   or incidental   damages.

12.3    The Service Provider  shall  not be responsible   and/or  liable  to Customer and any other person  for any reason  whatsoever   including  but not limited  to errors,  omissions,   or other  defects  in the Information   or any delays  or interruptions.

12.4    It is clarified that the Service Provider will not be liable to the Customer for any consequential or indirect damages, regardless of the form of action or the theory of recovery, even if it has been advised of the possibility of such damages.

13.  Indemnity

13.1    The  Customer   shall,  at its own  cost and  expense,  indemnify,   defend  or at its option  settle, and  hold  the Service Provider  free  and  immune   from  and  against   any  and  all  losses,   liabilities,   claims, actions,  costs  and  expenses,   including   reasonable   attorneys’   fees and  court  costs,   relating to and/or  resulting   from  and/or  in any way  arising  out of:

A.    Breach  of  any  of  its  representations,     warranties   or  obligations    contained   in  this Agreement, including   any  loss or damage arising  out of misconduct   or negligence.

B.    Any action of the Customer /Subscriber   not authorized   or permitted   by Service Provider.

C.    Any  claim,  suit  or proceeding   brought   against  the Service Provider  for  any harm,  loss  or  injury suffered  by any Third  Party  and/or  the  Subscriber.

14. Confidential Information:

14.1    Customer shall  at  all  times  maintain  and  keep  secret  and  confidential  the Confidential Information and shall not disclose or divulge the same or any part thereof to any Third Party without prior written consent of the Service Provider with respect to the same.

14.2    Customer agrees to use the Confidential Information only for the purposes of this Agreement or otherwise as expressly permitted by this Agreement.

14.3    Customer agrees not to make copies of any such Confidential Information or any part thereof except for the purpose of this Agreement.

14.4    Customer  acknowledges   that  the  Confidential   Information,   as  well  as  the Intellectual  Property  of Serviced Provider  is  unique  and  valuable to  it. The breach of the provisions regarding Confidential Information, which also includes Proprietary Information and/or Intellectual Property, may result in grave and irreparable loss and injury to the Service Provider for which monetary damages alone may not be adequate relief. Therefore, Customer agrees that in the event of the breach or threatened breach of such provisions as aforesaid, Service Provider will be entitled to seek specific performance or injunctive relief.  Such  remedy  shall  be  in  addition  to  and not  in  lieu  of  the appropriate relief by way of monetary damages.

14.5    The  provisions  of  this  clause  shall  survive  the  termination  or  expiry  of  this Agreement.

15.  Intellectual Property Rights

15.1    The Service Provider retains all right, title and interest in the intellectual property rights in the Product and Services, logo and branding of the Service Provider including (but not limited to) all software, formats, interfaces, information and data, content and Service Provider’s proprietary information and technology used by Service Provider or provided to Service Provider in connection with the Services or usage of the Product and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or learned as a result of the Customer’s use of the Services or Product and that the Services and the Product is protected by intellectual property rights owned by or licensed to Service Provider. Other than the limited permission to use the Services and Product as provided by Service Provider as expressly set forth in this Agreement, no other license or other proprietary rights in the Services and Product or Service Provider’s proprietary application are granted to the Customer and all such rights are hereby expressly reserved by Service Provider

15.2    The Service Provider shall own all rights and title in any inventions, formulae, processes, algorithms, circuitry designs, computer programs, improvements to any of the preceding, including methods of determining dimensions, pattern matching, symbol recognition or computer learning, logo and name of the Serviced Provider whether or not patentable or registrable under patent, copyright or similar statutes, that are generated, created, conceived or reduced to practice (collectively “Creatives”) by the Service Provider, either alone or jointly with others in connection with the Product . The Customer shall have no right in whatsoever manner, in the intellectual property rights of the said product.

15.3     The Customer herein shall at all times take necessary steps to prevent infringement of the copyright, trademarks and/or other intellectual property rights of the Service Provider by any third Party. Upon becoming aware of any such actual or attempted infringement, Customer so becoming aware shall promptly inform the Service Provider of such infringement and both Parties shall agree on measures necessary to prevent such infringement. In the event that any third party infringes or is likely to infringe any intellectual property rights, appearing in or on the Product, Customer becoming aware of this shall immediately upon its discovery notify the Service Provider thereof, and assist in instituting and taking such appropriate actions as may be reasonably required.

16.  Compliance with Laws

16.1    Each Party shall at all times and at its own expense (a) strictly comply with all applicable Law, now or hereafter in effect, relating to its performance of this Agreement; (b) pay all fees and other charges required by such applicable laws; and (c) maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any regulatory authority to the extent necessary to perform its obligations hereunder

17. Term and Termination

17.1    This Agreement shall be valid from the Subscription Start Date until the Subscription end date or date on which it is explicitly terminated.

17.2     This Agreement   may  be terminated   by the  affected   Party  for breach  or default  of the terms  and conditions   of this  Agreement   by the defaulting   Party  upon  48 hours written  notice  to the  defaulting   party,  should  the  default  remain  unremedied   upon the expiry  of the said notice  period.

17.3    This agreement will stand terminated on expiry of the term of subscription. The Service provider can terminate this agreement at any time by giving 30 days notice to that effect. The Subscriber shall not be entitled to terminate this agreement during the term hereof.

17.4    Notwithstanding  any  other  provisions   of the Agreement,   the Service Provider reserves  the right  to suspend  and/or  terminate   a) this Agreement   and/or  any provision  thereof,  forthwith and/or)   suspend  and/or  terminate   the Customer’s   access  or use of the Product/Information under  this Agreement,   in case of i) the same  being  detrimental   to the Service Provider’s  interest  ii) regulatory   / judicial order iii) breach of Agreement by Customer.   Specifically, the Customer understands and agrees that its access to Information can be suspended / terminated without notice.

17.5    Notwithstanding  any other  provisions   of the Agreement, this agreement shall Ipso Facto stand cancelled and terminated on termination/cancellation of the Agreement executed between the BSE and the Service Provider or on the inability of the Service Provider to provide the information to the Customer under any circumstances whatsoever without any recourse or notice to the Customer.

17.6     The Customer shall forthwith cease to use and access the said Product/ Information on termination of this Agreement.

18. Force majeure

If the Service Provider is unable to perform any of its obligations under this Agreement because of circumstances beyond the reasonable control of the Party, such as an act of God, fire, casualty, pandemic, flood, war, terrorist act, failure of public utilities, injunction or any act, exercise, labor or civic unrest, assertion or requirement of any governmental authority, epidemic, or destruction of production facilities, Non receipt of informaiton from BSE (a “Force Majeure Event”), the Service Provider who has been so affected shall immediately give notice to the Customer and shall do everything reasonably practicable to resume performance. However, the Service Provider shall not be held responsible or liable due for delay/loss/non providing or information/ Product of on account of the said Force Majure event.

19. Notice

19.1    Notices, demands or other communication to be given or made under this Agreement shall be emailed to help@alldigital.ai

19.2    Any such notice, demand or communication shall, unless the contrary is proved, be deemed to have been duly served after receipt of transmission in the case of service by email.

20. Dispute Resolution

In the event of any dispute arising out of or in relation to this Agreement, the Customer and the Service Provider shall mutually discuss to resolve the disputes. In the event the dispute is unresolved with mutual discussion the dispute will be resolved by the Courts of Mumbai, India.

21.  Miscellaneous

21.1    The Agreement, including, any data submitted online, subscription package, annexures, schedules, exhibits, referred to therein and attached thereto, constitutes the entire agreement between the Parties and supersedes all previous agreements, promises, proposals, representations, understanding and negotiations, whether written or oral, between the Parties pertaining to the subject matter hereof.

21.2    The summaries of corporate announcements provided through the Product are generated using Artificial Intelligence (AI) and may contain errors or inaccuracies. Users are advised to verify the summary against the official PDF of the announcement. The Service Provider shall not be held responsible or liable for any errors, omissions, or inaccuracies in the AI-generated summaries or for any decisions made based on such summaries.

21.3    The Service Provider endeavors to ensure timely dissemination of information; however, delays may occur due to technological limitations, server downtime, scheduled or unscheduled maintenance, or other unforeseen technical issues. The Service Provider shall not be held responsible or liable for any delays, interruptions, or the resulting impact on the User’s use of the Product or reliance on the Information.

21.4    No modification, amendment or supplement to this Agreement, or any provisions hereof or thereof will be binding upon the Parties unless made in writing and signed by a duly authorized representative of both Parties.

21.5    At no time will any failure or delay by either Party in enforcing any provisions, exercising any option, or requiring performance of any provisions, be construed to be a waiver of same.

21.6    If any term, provision or part of this Agreement is to any extent held invalid, void or unenforceable, the remainder of this Agreement will not be impaired or affected thereby, and each term, provision and part will continue in full force and effect, and will be valid and enforceable to the fullest extent permitted by law.

21.7    Any provision of this Agreement, which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive termination or expiration of this Agreement and continue in full force and effect.

21.8     Service Provider may assign the Agreement without the prior written consent of the Subscriber. Any assignment by operation of law, order of any court, or pursuant to any plan of merger, consolidation or liquidation, will be deemed an assignment for which prior consent will not be required.

21.9    Nothing contained in this Agreement shall create, constitute or evidence any partnership, agency, joint venture, trust or employer/employee relationship between the Parties and a Party may not make, or allow to be made, any representation that such relationship exists between the Parties.

21.10    Neither Party shall be entitled to engage in any negotiations or make representations on behalf of the other Party unless so specifically authorized by the other Party.

21.11    Your affirmative act of using the Product signifies your agreement to these Terms of Use, along with the Privacy Policy and other policies displayed on our website https://stoxai.co.in/ If you do not agree to these Terms of Use, you must refrain from using the Product.

21.12    The Service Provider reserves the right to modify or update these Terms of Use at any time. Your continued use of the Product following the posting of changes signifies your acceptance of the revised terms. The most up-to-date version of the Terms of Use will always be available on our website for your reference. The Updated Terms and Conditions shall be effective immediately and shall supersede these. If the User continues to use the Product and/or Services after the Updated Terms and Conditions have been published, it shall be deemed that the User has read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Service shall refer to the latest version of the Terms of Service.