Disclaimer
Investments in securities markets are subject to market risk. Please read all related documents carefully before investing or trading.
All investments are subject to market risks which may not lead to expected returns and sometimes even result in negative returns or loss of complete capital. Any responsibility/liability for any trading or investment activity that you might undertake is yours and yours alone. Financial markets are prone to multiple risks like politics, economics, social, global environment, stock-specific risks and black swan types of events which may lead to suboptimal returns in research ideas generated by M2 (Money Machine) does not assure that it will be able to control or mitigate or comprehend all such risks. Clients, therefore, must understand such risks, and their ability, willingness, and capability to take risks must be assessed by themselves before trading in Signal generated on M2 (Money Machine).
Last updated on 1st September 2024
Disclosure
Investors and Traders are responsible for their investment decisions and are responsible to validate all the information used to make the investment/ trading decision. Past performance does not guarantee future returns and all trades on M2 (Money Machine) are subject to market risks.
Optiwins Fintech Private Limited and its associates, officers, directors, and employees, research analysts (including relatives) may: (a) from time to time, have long or short positions in, and buy or sell the Securities.
Optiwins Fintech Private Limited may have a proprietary long/short position in the above-mentioned scrip(s) and therefore should be considered as interested. M2 (Money Machine) or Optiwins Fintech Private Limited or its associates have not received any compensation or other benefits from the Subject Company or third party in connection with the trade signals generated on M2 (Money Machine).
Privacy Policy
Money Machine(M2) | An Optiwins Fintech Brand
Last modified: 1st September 2024
Optiwins Fintech Private Limited operates the website at optiwinsfintech.com (“Site”), Money Machine(M2) ("Mobile app") at Google Play on Android, and Appstore on IOS. We respect the privacy of each user of the Site and Mobile app (referred to as “you” or “a user”), whether it is your first time, or if you’ve visited our Site or used our Mobile app previously. This Privacy Statement gives you specific information about how we protect your privacy, how we treat information we collect on the Site / Mobile app that identifies an individual user (“Personal Information”), and how we use aggregated information.
BY REGISTERING FOR OR USING THE SITE / MOBILE APP, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THIS PRIVACY STATEMENT, YOU CANNOT USE THE SITE / MOBILE APP. We reserve the right to modify this Statement at any time. (If we consider it appropriate, we may also provide additional notice of significant changes.) Your use of the Site / Mobile app after the date of the last modification listed at the beginning of this Privacy Statement indicates to us that you agree to the changes. Location of Servers and transfer of information to India The Site is hosted by servers in India. If you are located outside of India, your Personal Information will be transferred to India.. By submitting your Personal Information, you consent to its transfer to India and its storage, processing, and use thereby this Privacy Statement.
Scope of this Privacy Statement
This Privacy Statement applies to your use of this Site (or) Mobile app (or) both only. We do not own, operate or control the websites of our Franchisees or sales associates. Accordingly, this Statement does not apply to a Franchisee’s or sales associate’s website or a Franchisee’s or sales associate’s collection, use, storage, and disclosure of your Personal Information.
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1. Collection and use of your personal information
We collect your Personal Information, and in the case of account opening, background, financial, and demographic information on the Site / Mobile app to enhance the services we offer you. Such information may include your name, date of birth, residence and employment addresses, father’s and spouse's names, bank account details, scans/copies of document proofs such as PAN, passport, Aadhaar, income proofs, tax documents, etc. We may hold this information indefinitely as required by the law, to offer you our services, and for other regulatory and business purposes.
We collect Personal Information from you only when you voluntarily submit for purposes including but not limited to a) sales and account opening query b) account opening c) partnership/association enquiries, and others.
We may use the information for purposes including, but not limited to a) identity verification and background checking for account opening b) personalizing services offered to you c) keeping you updated on our products and services relevant to you d) information pertaining to our services you’ve subscribed to d) for legal and regulatory purposes.
Optiwins Fintech Private Limited may have the requirement to collect Sensitive Personal Data or Information (“SPDI”) OR Personal Information from you while offering their products and services due to the nature of the products and services being offered. SPDI shall have the meaning in accordance with the Information Technology (Reasonable security practices and procedures and sensitive personal data or Information) Rules, 2011 (“Rules”).
Concerning security, we respect all information provided to us and take all reasonable steps towards the protection of the same. We have implemented technology and policies, intending to protect your privacy from unauthorized access and improper use, and periodically review the same. We maintain procedural safeguards to protect the confidentiality and security of personally identifiable information transmitted to us. Information related to Aadhaar shall be collected and stored as per the rules set by UIDAI and particularly as per the Circular issued by UIDAI numbering: 11020/205/2017, dated July 25, 2017. Aadhaar details are also a requirement for being captured as per the Prevention of Money Laundering Act, 2002 and the Rules therein.
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2. Collection of non-personal information
Even if you do not send us any Personal Information, we collect information about how you use our site (“Non-Personal Information”). This information cannot be used to identify you personally and is explained in more detail below under “Non-Personal Information”.
Cookies
A cookie is a small data file, often including an anonymous unique identifier that is sent from a website’s computer and stored on your computer’s hard drive. The use of cookies is common on the Internet. A website can send its cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser permits a website to access only the cookies it has already sent to you, not the cookies sent to you by other sites. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.) You can reset your browser to refuse all cookies or indicate when a cookie is being sent. But if you refuse cookies, some parts of the Site will not function properly and may not provide the services or information you have requested. For example, without cookies, we will not be able to provide you with searches that you have asked us to save.
Non-personal information
Like many sites, we obtain Non-Personal Information such as IP (internet protocol) addresses, browser types, the name of your ISP (internet service provider), information about where a user comes from before arriving at our Site, what pages a user visits, the order of those pages, and the amount of time spent on each. A vendor performs this service for us by sending a cookie to gather this information, compile it, and report to us. We use Non-Personal Information to customize the advertising and content you see, improve our services, conduct research, and provide anonymous aggregated reporting for internal audits and third parties.
We use the Personal Information and the Non-Personal Information we collect on the Site (A) to provide you with the services that you ask to receive through the Site / Mobile app, including saving searches and, if you request it, sending you updates about those searches, (B) to receive, if you choose, to receive periodic industry updates, (C) to answer your questions or complaints, (D) to refer you to Franchisees and sales associates about finding or listing a property or to locate a sale associate; (E) to refer a listing to a friend; (F) inquiries about franchising opportunities and G) for analytical purposes to help us improve the Site / Mobile app and for our business generally
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3. Disclosure and transfer of collected information We do not rent, sell, or share with third parties the Personal Information we collect from you on this Site / Mobile app except (i) to provide information or services that you have requested, (ii) with your permission, or (iii) under the following circumstances:
Third-party vendors we engage to provide services on our behalf have access to Personal Information, but they have agreed not to disclose the Personal Information or to use it for any purpose other than providing the requested services.
There may arise special circumstances where it is necessary for us to disclose and use Personal Information and Non-Personal Information, such as: to enforce this Privacy Statement or any other part of our Terms of Use; to protect our property or rights; to protect the safety of anyone; to investigate, prevent, or take action regarding illegal or improper activities; to carry out a merger or consolidation with another entity, a sale or transfer of some or all of our assets, or any similar transaction; or for other reasons we determine in good faith are necessary, appropriate, or required by law, such as when we respond to subpoenas, court orders, or other legal or administrative processes.
The Site / Mobile app may contain links to third-party websites, our Franchisees, authorized persons, and/or other organizations and community outreach organizations. When you click/Tap on those links, you will go to a third-party site / Mobile app where you will be subject to that site’s / Mobile app's privacy statement and we encourage you to read that policy statement.
Please be aware that we are not responsible for the privacy practices of those other websites / Mobile apps and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Personal Information by those third parties. We remind you to be aware of when you leave our Site / Mobile app and enter a third-party website / Mobile app, including one of our independent Franchisees, and again encourage you to read the privacy statement on any website / Mobile app that collects your Personal Information.
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4. Security
Our hosting services maintain their systems in accordance with industry standards to reasonably secure the information of its customers, such as using SSL encryption in certain places to prevent eavesdropping and employing up-to-date software on the server. However, no data transmission over the Internet can be guaranteed to be 100% secure. “Perfect security” does not exist on the Internet, and you use the Site / Mobile app at your own risk.
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5. Correction/Updating Personal Information
If your Personal Information changes or if you no longer wish to use the Site / Mobile app, you may correct or update your Personal Information or unsubscribe from any industry updates you have requested by modifying or deleting your profile on the Site / Mobile app, writing to customer service at Optiwins Fintech Private Limited, #13-6-434/C/58/A, Hari Hara Nilayam, Maruthinagar, Attapur, Pillar No.85, Hyderabad-500008., India. or sending an email to customercare@optiwinsfintech.com
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6. Children
This Site is not directed to children under the age of 13 (“Children”), and we do not knowingly collect any information, including Personal Information, from Children.
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7. Comments and questions
If you have any questions or concerns about this Privacy Statement, please contact us by using the “Contact Us” page, writing to customer service at Optiwins Fintech Private Limited, #13-6-434/C/58/A, Hari Hara Nilayam, Maruthinagar, Attapur, Pillar No.85, Hyderabad-500008., India. or sending an email to customercare@optiwinsfintech.com
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8. Subject to Change
This Privacy Policy is subject to change and may be updated or revised from time to time, without any prior notification to the User, at the sole discretion of Optiwins Fintech Private Limited. It is the responsibility of the User to periodically review the Privacy Policy to determine whether there have been any revisions or updates. The last updated date of the Policy has been mentioned above for the reference of the User.
Terms of use
Terms and Conditions for use of Money Machine (M2)
Money Machine (M2) is an algo trading software solution available as a web app (Browser) and Mobile app (Andriod & iPhone), offered by Optiwins Fintech Private Limited (hereinafter referred to as Optiwins Fintech) having registered office at #13-6-434/C/58/A, Hari Hara Nilayam, Maruthinagar, Attapur, Pillar No.85, Hyderabad-500008
Money Machine (M2) is a platform that helps Client to fully automate their trading activity, they can sync their demat accounts with the Money Machine (M2), get trade suggestions from the Artificial Intelligent software system & Machine learned automatic system, Client can trade these suggestions by clicking/tapping "Trade now" button provided in the suggestions card. Trades are monitored by automated software systems that apply strict trade discipline ( Target and Stoploss) with a proper Risk to Reward ratio and best position sizing giving the most probable winning trade. The Client can simply buy these services based on his risk profile and trade objectives
No Solicitation to Buy/Sell
Suggestions / Recommendations on Money Machine (M2) are not to be construed as a solicitation of an offer to buy/sell any security in any jurisdiction where such offer or solicitation would be illegal. Suggestions / Recommendations on Money Machine (M2) do not constitute a personal recommendation or take into account the particular investment objectives, financial situations, risk profile, and needs of individual clients. Clients are advised to take appropriate guidance from their Financial Advisers before Trading in Money Machine (M2).
Clients are responsible for their Trade/Investment decisions and are responsible to validate all the information used to make the Trade/Investment decision. A client should understand that his/her Trade/Investment decision is based on personal Trade/Investment needs and risk tolerance, and performance information available on Money Machine (M2) platform is one among many other things that should be considered while making a Trade/Investment decision. Past performance does not guarantee future returns and the performance of Money Machine (M2) Strategies or Suggestions / Recommendations or any Trade/Investment you make on the platform are subject to market risk. Investors should be aware that system responses, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors. Trade/Investment in Stock Market can also have negative returns
Prohibited Activities
We use the term “Content” to mean entire or partial strategies, trading strategies, data transformations, data analysis, and manipulation functions, tools, software, data, databases, text, messages, images, graphics, video files, audio files, ideas or any other information and materials. We use the term “Shared Content” to mean the Content (other than third-party data) that we, you, or other Registered Users of Optiwins Fintech Private Limited post in publicly accessible areas of the Site and Services. Third-party data is subject to the terms and conditions of the provider of such data. Other than as provided at the end of this Section in respect of Shared Content, you acknowledge and agree that you will NOT
- i. Copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content accessible through the Site/Mobile app not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated data gathering or extraction tools, program, strategic or methodology, unless you obtain Optiwins Fintech Private Limited’s prior written consent; use the Site or Services to advertise, market, sell, or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly; use any engine, software, tool, agent or other device or mechanism to navigate or search the Site, other than the search engines and agents available through the Service and other than generally available third party web browsers; copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; access the Site or use the Services by any means other than through Optiwins Fintech Private Limited-provided or approved interfaces; transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another's right of privacy or publicity;
- ii. post or transmit any material that contains a virus, worm, Trojan horse, or any other contaminating or destructive feature; post or transmit information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; use any of the Site’s or Service's communications features in a manner that adversely affects the availability of its resources to other users; post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resumé information such as opinions or notices, commercial or otherwise; access or use the Site's / Mobile app's to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated under any such law; upload or transmit any material that infringes, violates or misappropriate any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party or violates a third party’s right of privacy or publicity; manipulate or otherwise display or obstruct portions of the Site and/or the Services by using framing or similar navigational technology; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Optiwins Fintech Private Limited product or Service if you are not expressly authorized by such party to do so;
- iii. use the Site's / Mobile app's service for any purpose that is unlawful or prohibited by these terms and conditions; use the Site or the Services in any manner that could damage, disable, overburden or impair Optiwins Fintech Private Limited’s servers or networks, or interfere with any other user's use and enjoyment of the Site's / Mobile app's Services; attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Optiwins Fintech Private Limited through hacking, password mining, brute force or any other means; obtain or attempt to obtain any Content through any means not intentionally made available as Shared Content through the Site or the Services; or knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time
- iv. use of any third-party services/ software/ mechanisms/ tool/ plugins/ code injections on optiwinsfintech.com/Money Machine (M2) website/app or any other optiwinsfintech.com/Money Machine (M2) services.
LIMITATION OF LIABILITY
Subject to overall provision in paragraph above, you expressly understand and agree that Optiwins Fintech Private Limited, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
- ● Any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
- ● Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- ● Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- ● Any changes which Optiwins Fintech Private Limited may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- ● The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- ● Your failure to provide Optiwins Fintech Private Limited with accurate account information
EXCLUSION OF WARRANTIES
- ● Nothing in these terms shall exclude or limit Optiwins Fintech Private Limited's warranty or liability for losses that may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- ● You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "As is" and “as available.”
- ● In particular, Optiwins Fintech Private Limited, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: ○ Your use of the services will meet your requirements, ○ Your use of the services will be uninterrupted, timely, secure, or free from error, ○ Any information obtained by you as a result of your use of the services will be accurate or reliable, and ○ That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
- ● Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- ● No advice or information, whether oral or written, obtained by you from Optiwins Fintech Private Limited or through or from the services shall create any warranty not expressly stated in the terms.
- ● Optiwins Fintech Private Limited further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
REFUND POLICY & SUBSCRIPTION CANCELLATION
- ● For paid services - The client can choose from a monthly, Quarterly, Semi-annual, or annual subscription plan and pay online using Net-banking/Card/UPI/Wallet. On the date of renewals, the client can enable the auto-renewal feature. The client can cancel his/her subscriptions at any time. Charges shall auto-renew until canceled before the next renewal date.
- ● No refunds shall be granted once payment is made.
Taxation Laws
The Client agrees and understands that actual returns earned on Money Machine (M2)/optiwinsfintech.com are subject to applicable taxes as per their own profile under the Indian Income Tax Act which they are solely responsible to comply with the same. However, Optiwins Fintech Private Limited has not considered at all such Tax component at the time of Suggestions / Recommendations.
Force majeure
Optiwins Fintech Private Limited 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.
Jurisdiction
This is a legally binding contract between Optiwins Fintech Private Limited and the client using the services of optiwinsfintech.com/Money Machine (M2). By using the services of optiwinsfintech.com/Money Machine (M2), the client gives his/her/its consent to abide by all the terms and conditions at all times. Terms are to be construed as per prevailing laws of India. Both Parties submit to the jurisdiction of Hyderabad, India for any disputes arising hereunder. The acceptance Date of these agreements shall be online on the date of the First Download of Money Machine (M2) app or the First Execution of trade on optiwinsfintech.com.
EULA
This End User License Agreement (this “Agreement”) is between the legal entity or entities that accept(s) this Agreement by a click-through acceptance (“Licensee”), and the applicable Optiwins Fintech Pvt Ltd entity as licensor (“Optiwins Fintech / M2 Money Machine”). This Agreement is effective as of the date set forth on which this Agreement is accepted. (such date, the “Effective Date”).
This Agreement applies to all Software licensed from or any Service provided by Optiwins Fintech / M2 Money Machine, including any pre-release or beta versions of the Software, and Support Services or Professional Services performed by Optiwins Fintech / M2 Money Machine. If Licensee is bound to more than one agreement with Optiwins Fintech / M2 Money Machine concerning the Software or the Service(s), and if those agreements terms vary, then the order of precedence of those agreements is as follows: The latest Agreement executed supersedes all other agreements.
- 1. Definitions The terms in this section shall have the meanings described below, and other terms may be defined within the context of this Agreement.
- 1.1 “Confidential Information” means information that is designated in writing as “confidential” at the time of disclosure, or which constitutes the trade secrets of a party under the governing law of this Agreement. Confidential Information also includes the Object Code of the Software, the pricing structure for the Software and Services provided to Licensee, and any other proprietary information owned by Optiwins Fintech / M2 Money Machine and which is provided or disclosed to Licensee at any time. Notwithstanding the foregoing, Confidential Information does not include information that the receiving party can demonstrate: (a) is in the public domain or is generally publicly known through no improper action by the receiving party; (b) was rightfully in the receiving party’s possession or known by it prior to receipt from the disclosing party; (c) is rightfully disclosed without restriction to the receiving party by a third party without violation of any confidentiality covenant by such third party; or (d) is independently developed by the receiving party without the use of the Confidential Information of the disclosing party.
- 1.2 “Customer Data” means any and all of Licensee’s and its User’s data, information, and materials that are uploaded by or on behalf of Licensee or that are accessed by Optiwins Fintech / M2 Money Machine in connection with Licensee’s or its User’s use of the Software.
- 1.3 “Documentation” means any documentation distributed by Optiwins Fintech / M2 Money Machine or its authorized resellers pertaining to the Software, including without limitation any accompanying or online user guides, technical information relating to the Software, user documentation, and technical data sheets in effect on the Effective Date, in each case, as may be updated or amended by or on behalf of Optiwins Fintech / M2 Money Machine from time to time. Documentation also includes any applicable Order Form and SOW.
- 1.4 “Fees” means the subscription and other fees outlined in this Agreement or any Order Form or SOW for the purchase of Software licenses, or Services.
- 1.5 “Object Code” means computer programming code in the form not readily perceivable by humans and suitable for machine execution without the intervening steps of interpretation or compilation.
- 1.6 “Order Form” means any Optiwins Fintech / M2 Money Machine form detailing an order which is incorporated into and becomes a part of this Agreement. Depending on the Software ordered, the Order Form may be completed online or may take the form of a written order form, invoice, quote, billing statement, or SOW. In the event of any discrepancy between this Agreement and an Order Form, this Agreement shall govern.
- 1.7 “Professional Services” means implementation and other services requested by Licensee with respect to the Software or the Service.
- 1.8 “Service” means the use of the Software as offered by Optiwins Fintech / M2 Money Machine on a Subscription(s) basis.
- 1.9 “Software” means the Object Code form of the Optiwins Fintech / M2 Money Machine software licensed under this Agreement, including any updates, upgrades, or other modifications thereof delivered or made accessible to Licensee as part of the Services or otherwise pursuant to this Agreement.
- 1.10 “SOW” means an Optiwins Fintech / M2 Money Machine-originated, mutually executed statement of work, work order, or other similar documents that reference this Agreement and which, upon its mutual execution by Licensor and Licensee, will be automatically incorporated by reference into, and governed under, this Agreement.
- 1.11 “Term” has the meaning set forth in Section 11.1.
- 1.12 “Third Party Materials” means software, interfaces, and firmware, licensed by Optiwins Fintech / M2 Money Machine from third parties and which are incorporated into and/or distributed as part of the Software.
- 1.13 “User” means an individual/institutional/corporate who is authorized to use the Software.
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2. Grant of Limited License (the “License”).
Subject to the terms of this Agreement, including any restrictions set forth in the
applicable Order Form and the payment of Fees following the applicable Order Form,
Optiwins Fintech / M2 Money Machine grants Licensee during the Term, a
non-sublicensable, nonexclusive, revocable, non-transferable right to use the
Software as provided by Optiwins Fintech / M2 Money Machine or the Service as made
available by Optiwins Fintech / M2 Money Machine, for the number of authorized Users
as specified on the applicable Order Form. Such use shall be limited to authorized
Users, shall not exceed the number of purchased users, and shall be used for
Licensee’s internal business purposes only. If the Software is authorized to be used
in a multi-tenant environment or as part of a managed services solution (a “Managed
Service”), then Licensee hereby agrees that the Software will be used solely in
furtherance of Licensee’s provision of the Managed Service and not for any other
purpose by any unauthorized third party and, if required by Optiwins Fintech / M2
Money Machine from time to time in Optiwins Fintech / M2 Money Machine sole
discretion, each User shall accept the terms of an end-user license agreement for
the Software.
Licensee shall not copy or distribute the Software, the Documentation, or any other written materials accompanying the Software. Licensee will be responsible for ensuring that any and all use of the Software is outlined as per agreement. - 3. Restrictions Licensee will not remove, alter, or obscure proprietary notices that appear on or in the Software and Documentation, and will reproduce them on or in any copies. Licensee will not (and will not allow any User or other third party, including Licensee’s Customers, to) (i) decompile, disassemble, reverse compile, or reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law prohibits such restrictions), (ii) modify, or create derivative works based on the Software (iii) provide, sell, give, rent, lease, lend, loan, distribute, transfer, use for timesharing or service bureau purposes or otherwise use or allow others to use the Software for the benefit of any third party (except to the extent that the Software forms part of the services being provided by Licensee to Licensee’s Customers), (iv) use any Software, or allow the transfer, transmission, export, or re-export of any Software or portion thereof, in violation of applicable export control laws or regulations, (v) develop keys or license codes other than license keys provided by Optiwins Fintech / M2 Money Machine for the Software or attempt to defeat or circumvent any such keys or any other access restrictions included in the Software or determine how any such keys are developed, or (vi) use or copy the Software except as expressly permitted in Section 2. All the limitations and restrictions on Software in this Agreement also apply to Documentation.
- 4. Usage Limits Licensee’s usage of the Software is subject to usage limits, including, for example, the quantities specified in an Order/subscription Form. If Licensee exceeds a contractual usage limit, Licensee will execute an Order Form for additional quantities of the applicable Software & services promptly upon Optiwins Fintech / M2 Money Machine request, and/or pay any invoice for excess usage in accordance with the payment terms and pricing set forth in this Agreement and any Order/subscription Form.
- 5. Responsibilities. Licensee will (a) be responsible for the usage compliance with this Agreement, (b) be responsible for the accuracy, quality, and legality, (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Software, Services and notify Optiwins Fintech / M2 Money Machine promptly of any such unauthorized access or use, (d) use the Software only in accordance with its Documentation and applicable laws and government regulations, and (e) comply with terms of service of Optiwins Fintech / M2 Money Machine as published from time to time on Optiwins Fintech / M2 Money Machine's website(s), which are hereby incorporated into this Agreement by reference.
- 6. Third Party Materials. Some Third Party Materials may be subject to other terms and conditions, which may be found in a “Read Me” or “About” or similar file in the Software or Software documentation. If Licensee does not agree to such terms, Licensee agrees not to use the Software or any Third Party Materials.
- 7. Customer Data. Licensee hereby grants to Optiwins Fintech / M2 Money Machine a nonexclusive, worldwide, royalty-free, fully-paid, transferable license to host, cache, record, copy, view, and display Customer Data to provide the Software and Services to Licensee such as (a) internal use by Optiwins Fintech / M2 Money Machine and its affiliates; (b) any purpose related to the billing, activation, provision, maintenance, upgrades, updates, deactivation and/or use of the Service or the Software and/or related products and/or services; (c) any purposes permitted by any applicable law. Except as set forth in this Agreement, as between Optiwins Fintech / M2 Money Machine and Licensee, Licensee shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and right to use Customer Data, and Licensee agrees that Optiwins Fintech / M2 Money Machine shall not be responsible or liable for the unauthorized access to, alteration of, or deletion, correction, destruction, corruption, damage, loss or failure to secure or store Customer Data. Licensee acknowledges and agrees that it bears sole responsibility for adequately controlling, processing, storing, and backing up its Customer Data. Optiwins Fintech / M2 Money Machine reserves the right, but the obligation, to refuse to post or to remove any information or materials, in whole or in part, that Optiwins Fintech / M2 Money Machine believes to be unacceptable, undesirable, or in violation of this Agreement or the rights of third parties. Licensee represents, warrants, and covenant that: (a) it is the owner or authorized licensee of Customer Data and has the right to grant the rights set forth herein; (b) it has obtained all consents necessary under applicable law to disclose Customer Data to Optiwins Fintech / M2 Money Machine; and (c) it will not publish, post, upload, record, or otherwise distribute or transmit any data or other material that: (i) infringes or would infringe any copyright, patent, trademark, trade secret or other proprietary right of any party, or any rights of publicity or privacy of any party; (ii) violates any law, statute, ordinance, or regulation; (iii) is inappropriate, profane, defamatory, libelous, obscene, indecent, threatening, harassing, or otherwise unlawful; (iv) is harmful to minors or otherwise pornographic; (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, Personal Information, or property of another; (vi) is materially false, misleading, or inaccurate; and/or (vii) contains information for which Licensee does not have the right to permit Optiwins Fintech / M2 Money Machine to access and process any Customer Data.
- 8. Support and Maintenance. While the license for Software remains effective and the applicable fees have been paid in accordance with this Agreement, Optiwins Fintech / M2 Money Machine or any of its affiliates will use commercially reasonable efforts to provide the Licensee with the support and maintenance services for the Software or the Service as described in Optiwins Fintech / M2 Money Machine's then-current support and maintenance program, a copy of which is located on Optiwins Fintech / M2 Money Machine's web site (“Support Services”). Optiwins Fintech / M2 Money Machine may elect to change the fees for and the terms of its Support Services or terminate Support Services for the Software or the Service.
- 9. Proprietary Rights The Software is licensed, not sold, to Licensee. Similarly, the Services are provided on a subscription basis only and are not sold to Licensee. Optiwins Fintech / M2 Money Machine and its affiliates, suppliers, and licensors own and retain all rights, title, and interest in and to (a) the Software, Service, and Documentation (including all copies, components thereof and all upgrades, modifications, enhancements, and derivative works thereof); and, (b) all copyrights, patent rights, trade secret rights, trademark and other intellectual property and other proprietary rights embodied in or relating to the Software, Service or Documentation. Licensee acknowledges and agrees that it shall have no rights with respect to any of the foregoing other than the limited rights expressly set forth in this Agreement. Optiwins Fintech / M2 Money Machine expressly reserves all rights in the Software, Service, and Documentation not specifically granted to Licensee. It is acknowledged that all rights, titles, and interests in and to the Software, Service, and Documentation will remain vested exclusively with Optiwins Fintech / M2 Money Machine.
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10. Fees, Subscriptions, and Payment.
10.1 Payment Terms: Licensee shall pay to Optiwins Fintech / M2 Money Machine the Fees due for the Software in accordance with terms of this Agreement and any applicable Order Form. Except as otherwise specified herein or in an Order Form, (a) fees are based on Software licensed and Services purchased and not actual usage, (b) all payment obligations under this Agreement are non-cancelable and non-refundable. Any payments (Custome quote-elite)more than thirty (30) days overdue will bear a late payment fee of 2.0% per month, or, the maximum rate allowed by law. All amounts payable by Licensee are exclusive of any taxes, fees, duties, shipping, or other charges, however, designated, now, or hereafter levied. Licensee will be responsible for all taxes, fees, duties, shipping, or other such charges under this Agreement. Licensee agrees to be responsible for payment for all activity by third parties who access or use the Software through Licensee’s account regardless of whether such activity was authorized by Licensee or not. Licensee is responsible for all incidental charges related to using the Software. - 10.2 Payment method; Until all amounts due have been paid in full, Licensee agrees to keep its payment information current at all times and authorizes Optiwins Fintech / M2 Money Machine to charge such payment method (including but not limited to credit card, debit card, wire transfer, and/or automated clearing house) provided by Licensee, all amounts due under this Agreement, including without limitation, usage beyond the amount specified in the applicable Order Form. All prices are given and must be paid in the currency listed on the applicable Order Form.
- 10.3 Invoicing. Optiwins Fintech / M2 Money Machine may invoice Licensee electronically or by paper invoice. Licensee must notify Optiwins Fintech / M2 Money Machine within ninety (90) days of the receipt of the invoice of any billing errors thereon. If Licensee does not notify Optiwins Fintech / M2 Money Machine within this time, Optiwins Fintech / M2 Money Machine will not be required to correct the error and/or make adjustments to Licensee’s account and the Licensee hereby waives any claim, allegation, or contention with respect to such invoice.
- 11. Term; Termination; Suspension.
- 11.1 Term. The Licensee will be bound for the entire Term of this Agreement. “Term” is defined as the period of time beginning on the Effective Date and ending on the date set forth in the Order Form, or, if later, the expiration date of any SOW. Except as otherwise specified in an Order Form, at the end of any Term, subscriptions will automatically renew for additional Terms equal to the greater of the expiring Term length, unless either party gives the other party notice of non-renewal at least 30 days and no more than 60 days before the end of the relevant Term. For prepaid subscribers, they may choose to renew automatically or manually.
- 11.2 Termination; Suspension. This Agreement and all rights and licenses granted hereunder will automatically terminate upon the earlier of (a) the end of a Term that is not renewed. Furthermore, and without derogating from any rights or remedies of Optiwins Fintech / M2 Money Machine, Optiwins Fintech / M2 Money Machine shall be entitled to suspend any Service and the use of the Software by Licensee should Licensee breach any term of this Agreement, including without limitation failure to pay any amounts due in a timely manner, or if the continued provision of Services poses a risk to Optiwins Fintech / M2 Money Machine in its sole discretion. Upon termination of this Agreement, or if the license ceases to be effective, Licensee shall immediately cease all use of all Software and Documentation and return or (upon Optiwins Fintech / M2 Money Machine request) destroy all copies of all Software and Documentation and all portions thereof and so certify in writing to Optiwins Fintech / M2 Money Machine and immediately pay all amounts due to Optiwins Fintech / M2 Money Machine hereunder. Except as otherwise expressly provided herein, the terms of Sections 2, 10, 12, 14, and 15 shall survive any termination or non-renewal of this Agreement. Termination is not an exclusive remedy and all other remedies available under applicable law or in equity will be available to Optiwins Fintech / M2 Money Machine whether or not termination occurs.
- 12. Indemnification.
- 12.1 Optiwins Fintech / M2 Money Machine Indemnification. Optiwins Fintech / M2 Money Machine will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to Software or portions or components thereof (a) not supplied by Optiwins Fintech / M2 Money Machine, (bi) made in whole or in part in accordance to Licensee’s specifications, (c) that are modified after delivery by Optiwins Fintech / M2 Money Machine, (d) combined with other products, processes or materials where the alleged infringement relates to such combination, (e) where Licensee continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (f) where Licensee’s use of the Software is not strictly in accordance with this Agreement or with the Documentation.
- 12.2 Licensee Indemnification. Licensee agrees to defend, indemnify, and hold harmless each of Optiwins Fintech / M2 Money Machine, its affiliates, and respective officers, employees, consultants, shareholders, and representatives from and against any and all claims, liabilities, damages, and/or costs (including attorneys’ and expert witness fees, costs and other expenses) arising out of or related to (a) any actual or alleged violation of this Agreement or applicable law, rule or regulation by Licensee or any person accessing or using the Software or services by or through Licensee; (b) any actual or alleged infringement or misappropriation by Licensee, or any person accessing or using the Software by or through Licensee, of any intellectual property or privacy or other rights of any person or entity (except claims of infringement or misappropriation arising solely from the use of the Software as provided under this Agreement).
- 13. EXCLUSION OF WARRANTIES
- 13.1 Nothing in these terms shall exclude or limit Optiwins Fintech Pvt Ltd's warranty or liability for losses that may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- 13.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "As is" and “as available.”
- 13.3 In particular, Optiwins Fintech Pvt Ltd, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: ○ Your use of the services will meet your requirements, ○ Your use of the services will be uninterrupted, timely, secure, or free from error, ○ Any information obtained by you as a result of your use of the services will be accurate or reliable, and ○ That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
- 13.4 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- 13.5 No advice or information, whether oral or written, obtained by you from Optiwins Fintech / M2 Money Machine or through or from the services shall create any warranty not expressly stated in the terms.
- 13.6 Optiwins Fintech / M2 Money Machine further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
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14. LIMITATION OF LIABILITY
Subject to overall provision in paragraph above, you expressly understand and agree that Optiwins Fintech / M2 Money Machine, its subsidiaries and affiliates, and its licensors shall not be liable to you for: - 14.1 Any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
- 14.2 Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- 14.3 Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- 14.4 Any changes which Optiwins Fintech / M2 Money Machine may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- 14.5 The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- 14.6 Your failure to provide Optiwins Fintech / M2 Money Machine with accurate account information
- 15. Miscellaneous.
- 15.1 Licensee Representations. Licensee represents and warrants that: (a) the individual signing or accepting this Agreement has all necessary corporate or other authority to bind the entity that it purports to make party hereto, (b) Licensee has all necessary corporate or other authority or licenses to perform its obligations hereunder.
- 15.2 Confidentiality. Each party agrees to hold the other party’s Confidential Information in confidence and not to use it for any purpose other than the purposes permitted under this Agreement. Each party agrees to use the same standard of care to protect Confidential Information as it uses to protect its own similar confidential and proprietary information, but not less than a reasonable standard of care. The terms of this Agreement constitute Confidential Information. Confidential Information of the other party may only be disclosed to those Affiliates, employees, contractors, and advisors of Company or of Optiwins Fintech / M2 Money Machine, as applicable, on a need-to-know basis and who agree to be bound by confidentiality restrictions at least as restrictive as those contained in this Agreement; provided, that nothing shall prevent or prohibit a party from using or disclosing Confidential Information as may be required by law, rule, regulation or legal process. Confidential Information remains at all times the property of the disclosing party. Unless otherwise explicitly set forth herein, no licenses or rights under any patent, copyright, trademark, or trade secret are granted or are to be implied with respect to Confidential Information. Optiwins Fintech / M2 Money Machine may identify Licensee as a customer/User when referring to lists of customers/Users. Furthermore, Optiwins Fintech / M2 Money Machine may automatically extract and use Licensee’s data and information internally for the limited use of its research and analysis as may be necessary to enhance and improve the software and services it provides to its customers, provided always that any such retained data or information of Licensee shall be for internal use only and shall be used in a de-identified manner only.
- 15.3 Monitoring; Auditing. Licensee understands that the Software is programmed to track the number of deployed copies of the Software, authorized devices, users, and other usage related data, and Licensee consents to such operations and shall not engage in any activity designed to circumvent or obstruct, or which has the effect of circumventing or obstructing, the Software’s tracking capabilities. Licensee grants to Optiwins Fintech / M2 Money Machine the right to monitor usage by all of its users and to audit its books, records, and accounts to verify compliance with this Agreement, and Licensee agrees to make available to Optiwins Fintech / M2 Money Machine or its representatives any records pertaining to this Agreement. Furthermore, in the event that Licensee uses any Software other than as licensed under this Agreement (or under another agreement executed by the parties), in addition to any other remedies available to Optiwins Fintech / M2 Money Machine, Licensee agrees to pay Optiwins Fintech / M2 Money Machine the then-current Subscription Fees and any related Service fees for such unauthorized use.
- 15.4 Assignment. Neither this Agreement nor the rights and licenses granted hereunder are assignable or transferable by Licensee without the prior written consent of Optiwins Fintech / M2 Money Machine; any attempt to do so shall be null and void ab initio. Optiwins Fintech / M2 Money Machine may assign this Agreement in whole or in part.
- 15.5 Notices and Electronic Communications. Optiwins Fintech / M2 Money Machine may give notice by means of a general notice on the Software, electronic mail to Licensee’s e-mail address on record in Optiwins Fintech / M2 Money Machine's account information.
- 15.6 Governing Law; Jurisdiction. This is a legally binding contract between Optiwins Fintech / M2 Money Machine and the client using the services of optiwinsfintech.com/Money Machine (M2). By using the services of optiwinsfintech.com/Money Machine (M2), the client gives his/her/its consent to abide by all the terms and conditions at all times. Terms are to be construed as per prevailing laws of India. Both Parties submit to the jurisdiction of Hyderabad, India for any disputes arising hereunder. The acceptance Date of these agreements shall be online on the date of the First Download of Money Machine (M2) app or the First Execution of trade on optiwinsfintech.com.
- 16.11 Force Majeure. Optiwins Fintech / M2 Money Machine 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. the party.
- 16.13 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original. This Agreement is intended for the sole and exclusive benefit of the signatories and is not intended to benefit any third party.
Specific Note
Our Software hereinafter referred to as “M2 Money Machine” is brought to you by Optiwinsfintech Pvt Ltd, and is not certified under any regulatory authority as this is a SaaS (Software as a Service) model operation where it runs on open-source indicators to derive the signals.
There is No solicitation to Buy/Sell any securities, Please evaluate the outcome (or) consult your financial advisor before using the software, you and you alone are responsible for any outcome arising from using the Software.
As it automates manual processes saving time & giving convenience to its user, the fee is charged for using the software product.
To know more please reach out to “contact@optiwinsfintech.com”