1. Use of Services.
Unless otherwise specified, ATS Bot .
grants you a non-exclusive and non-transferable limited right and license to
access the Site ATSWealth.in. The Services provided on this platform
(ATSWealth.in) is for your personal use only, provided that you agree with and
comply fully with the provisions of this Agreement. Certain features of the Site
or Services are available only to users who have an account with
Zerodha/Upstox. The complete customer facing features of ATSWealth.in is
available to all users without any need for any kind of payment. However, we do
charge a one time payment for developing your strategy with backtest reports
and monthly charges for hosting it on our platform for your use. Certain
features like the Kite/Upstox button require you to register, without any kind
of a fee, with ATS Bot . and login to the platform.
You acknowledge and understand that our platform hosts well known trading
strategies, their backtest reports, forward test reports( live results archive)
and live alerts during market hours. ATS Bot is not promoting any strategy or
indicator , this is just an algorithmic implementation of the strategy, the
description of which is already provided in the strategy's view. Our objective
is to encourage the techniques used for analysis before entering a trade and
the above results should be used for informational and educational purposes
only.
You further acknowledge and understand that you are supposed to do your own
analysis and research before entering a trade, and that you are rsponsible on
your own accord if trades taken from our platform result in any profits/losses
occurred.
2. Accounts, Passwords and Security.
To become a registered user, you must resgister with ATS Bot to get login
credentials. We are eligible to know your current, complete and accurate
personal identifiable information, including, without limitation, your real
name and the email address through which we can correspond with you and the
telephone number, as prompted by the applicable registration form. You further
agree to keep any registration information you provide to ATS Bot . current, complete
and accurate.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND
CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR
ACCOUNT. We may hold you liable for any losses incurred by ATS Bot Technolgies LLP or any other
party due to someone elses use of your account or password. You agree to
notify ATS Bot by writing to support@ATSWealth.in immediately upon your becoming
aware of any unauthorized use of your account or any other breach of security
involving your account. ATS Bot will not be liable for any loss that you or
any other party may incur as a result of someone elses use of your password or
account, either with or without your knowledge.
3. Prohibited Activities.
We use the term "Content" to mean entire or partial algorithms, 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 ATS Bot 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 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, algorithm or methodology, unless you
obtain ATS Bot'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 ATS Bot -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 Sites or Services 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-resum information
such as opinions or notices, commercial or otherwise; access or use the Site or
Services 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
ATS Bot product or Service if you are not expressly authorized by such party
to do so;
iii. use the Site and/or the Services 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 ATS Bot 's servers or
networks, or interfere with any other user's use and enjoyment of the Site
and/or the Services; attempt to gain unauthorized access to any of the Site,
Services, accounts, computer systems or networks connected to ATS Bot 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.
6. Intellectual property and Trademark
The Website ATSWealth.in, its general structure, its live feeds, pre coded
traing strategies, their backtest result and forward test result features, as
well as text, animated or non-animated images, know-how, drawings, graphics, as
well as the look and feel of the site and the features of algorithmic accuracy,
for everyone are and shall remain the exclusive property of ATS Bot . You are
only entitled to view information for your private use only. You may 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 site. Any total or partial representation of this site by any
process without the express authorization of the operator of the Website is
prohibited and legal action will be enforced punishable by law.
7. Backtesting and data.
Backtesting results are hypothetical and are simulated on historical data.
The performance results have certain inherent limitations. Unlike the results
shown in an actual performance record, these results do not represent actual
trading. These trades have not actually been executed, these results may have
under-or over-compensated for the impact especially when we have lack of
liquidity in the market or news driven events or any other conditions.
Simulated or hypothetical trading algos in general are also subject to the fact
that they are designed with the benefit of hindsight. No representation is
being made that any account will or is likely to achieve profits or losses
similar to those backtested.
In addition, hypothetical trading does not involve financial risk, and no
hypothetical trading record can completely account for the impact of financial
risk in actual trading. For example, the ability to withstand losses or to
adhere to a particular trading strategy/algorithm in spite of trading losses
are material points which can also adversely affect actual trading results.
There are numerous other factors related to the markets in general or to the
implementation of any specific Algos trading which cannot be fully accounted
for in the preparation of hypothetical performance results and all of which can
adversely affect actual trading results.
Chart data shown in our live feeds or elsewhere is subjected to minor
variations from market time to post market times due to standard data
adjustments and/or any lag from the data provider.
8. Electronic Communications.
You acknowledge and understand that (a) we can only give you the benefits
of accessing the Site and using the Services by conducting business through the
Internet, and therefore we need you to consent to our giving you Communications
(defined below) electronically, and (b) this Section informs you of your rights
when receiving Communications from ATS Bot electronically. For contractual purposes,
you: (i) consent to receive communications from ATS Bot . in an electronic form and
(ii) agree that all terms and conditions, agreements, notices, documents,
disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such Communications would
satisfy if they were in writing. Your consent to receive Communications and do
business electronically, and our agreement to do so, applies to all of your
interactions and transactions with ATS Bot .. The foregoing does not affect your
non-waivable rights.
9. Indemnification.
You agree to indemnify, defend, and hold ATS Bot , the exchange (National
Stock Exchange), and its subsidiaries, affiliates, officers, directors, agents,
co-branders, sponsors, distributors, or other partners, employees, and
representatives harmless from and against any and all claims, demands, actions,
causes of action, damages, losses, costs or expenses (including reasonable
attorneys' fees and disbursements) which arise or relate, directly or
indirectly, out of, from or to (i) your breach of this Agreement or violation
of any applicable law or regulation, (ii) any allegation that any materials
that you submit to ATS Bot infringe, misappropriate, or otherwise violate the
copyright, trade secret, trademark or other intellectual property rights, or
any other rights of a third party, or (iii) access or use of the Site and/or
the Services by you or anyone using your ATS Bot account. This Section shall
survive in the event this Agreement is terminated for any reason.
10. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE
SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR
LIABILITY TO YOU AND TO THIRD PARTIES. NEITHER ATS Bot NOR ITS DIRECTORS,
OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE
TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING
IN ANY WAY TO (I) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF,
OR INABILITY TO USE THE SITE OR THE SERVICES; (II) ANY CONTENT CONTAINED ON THE
SITES AND/OR THE SERVICES; (III) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY
AVAILABLE ON THE SITES AND/OR THE SERVICES; (IV) ANY PRODUCT OR SERVICE
PURCHASED OR OBTAINED THROUGH THE SITES; (V) ANY ACTION TAKEN IN RESPONSE TO OR
AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (VI) ANY
DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR
LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR
ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, OR (VII) ANY OTHER
FAILURE OF PERFORMANCE OF THE SITE OR SERVICES OR OTHER MATTER RELATING TO THE
SITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND
THE CONTROL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR
SPONSORS, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE OR SERVICES OR
CONTENT STORED THEREIN. IN NO EVENT SHALL ATS Bot 'S TOTAL LIABILITY TO YOU FOR
ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
STATUTORY, OR OTHERWISE) EXCEED ONE RUPEE (RS 1.00). SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
CERTAIN TYPES OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND
DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF
APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE
AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE
MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
11. Force majeure.
ATS Bot 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.
12. Use of Internet.
The Client is aware and acknowledges that trading over the internet
involves many uncertain factors and complex hardware, software, systems,
communication lines, peripherals, etc., which are susceptible to interruptions
and dislocations; and that ATS Bot may at any time be unavailable without
further notice. Upon clicking on buy/sell on the order window, based on
client's network speed, a network latency can be experienced, and any rapid
clicks on the buy/sell button through same or different windows can lead to
multiple order placements. Clients take full responsibility on making sure the
actions on the notifications are their own actions and are fully aware of their
positions and algorithm/strategy status when on the buy/sell button. ATS Bot
does not make any representation or warranty that its services will be
available to the Client at all times without any interruption. The Client
agrees that he shall not have any claim against the Exchange or ATS Bot on
account of any suspension, interruption, non-availability or malfunctioning
of Service of ATS Bot or the Exchange's
service or systems for any reasons whatsoever.