TERMS AND CONDITIONS

Last Updated: August 19, 2023

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "You", "Your") and Share Alpha ("Company", "We", "Us", "Our") governing your access to and use of the Share Alpha mobile application ("Application", "Platform", "Service"). By downloading, accessing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Application.

1. INTERPRETATION AND DEFINITIONS

1.1 Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

  • Account: A unique user profile created by You to access the Application and its features.
  • Application: The Share Alpha software application and all associated services provided through mobile platforms.
  • Content: All information, data, text, graphics, and materials available through the Application, including but not limited to stock market information, analysis, and recommendations.
  • Nepal Stock Exchange (NEPSE): The sole stock exchange of Nepal, and any references to stock market information pertain to securities listed and traded on NEPSE.
  • Personal Data: Any information relating to an identified or identifiable natural person as defined under applicable data protection laws of Nepal.
  • Premium Services: Paid subscription features and services offered within the Application.
  • Subscription: A paid recurring access to Premium Services for a specified duration.

1.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nepal. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Kathmandu, Nepal.

2. USER ACCOUNTS AND REGISTRATION

2.1 Account Creation

To access certain features of the Application, You must create an Account by providing accurate, complete, and current information. You represent and warrant that all information provided during registration is truthful and accurate. You agree to promptly update Your Account information to maintain its accuracy.

2.2 Eligibility

You must be at least 18 years of age to create an Account and use the Application. By creating an Account, You represent and warrant that You meet this age requirement and have the legal capacity to enter into this Agreement.

2.3 Account Security and Responsibility

You are solely responsible for maintaining the confidentiality of Your Account credentials and for all activities that occur under Your Account. You agree to immediately notify Us of any unauthorized access to or use of Your Account. You acknowledge that You shall be liable for all uses of Your Account, whether authorized or unauthorized.

3. SUBSCRIPTION AND PAYMENT TERMS

3.1 Premium Subscriptions

The Application offers Premium Services accessible through paid Subscriptions. Subscription plans, pricing, and duration shall be as specified within the Application at the time of purchase.

3.2 Payment Authorization

By subscribing to Premium Services, You authorize Us to charge Your designated payment method for the subscription fee and any applicable taxes. Payments shall be processed in Nepalese Rupees (NPR) or other currencies as specified in the Application.

3.3 Recurring Billing

Subscriptions automatically renew at the end of each billing cycle unless cancelled by You prior to the renewal date. You authorize Us to charge Your payment method for each renewal period until cancellation.

3.4 NON-REFUNDABLE PAYMENTS

IMPORTANT NOTICE:

ALL SUBSCRIPTION FEES AND PAYMENTS FOR PREMIUM SERVICES ARE STRICTLY NON-REFUNDABLE. Once a payment is processed, no refunds, credits, or prorated amounts shall be issued for partial subscription periods, regardless of the reason for cancellation. This includes but is not limited to: voluntary cancellation, Account termination, dissatisfaction with services, technical difficulties, or any other circumstances. By subscribing, You expressly acknowledge and agree to this non-refundable payment policy.

3.5 Subscription Cancellation

You may cancel Your Subscription at any time through the Account settings within the Application. Cancellation will take effect at the end of the current billing cycle, and You will retain access to Premium Services until that date. No refunds shall be provided for the remaining subscription period.

3.6 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes shall take effect at the start of Your next billing cycle following notice of the change. Continued use of Premium Services after a price change constitutes Your acceptance of the new pricing.

4. USE OF THE APPLICATION

4.1 License Grant

Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, revocable license to access and use the Application for Your personal, non-commercial purposes.

4.2 Acceptable Use

You agree to use the Application solely for lawful purposes and in compliance with all applicable laws and regulations of Nepal, including but not limited to securities laws, regulations of the Securities Board of Nepal (SEBON), and the Nepal Stock Exchange.

4.3 Prohibited Activities

You expressly agree not to:

  • Use the Application for any illegal, fraudulent, or manipulative trading activities
  • Engage in market manipulation, insider trading, or any conduct prohibited under Nepal securities laws
  • Distribute, publish, or disseminate any information obtained from the Application for commercial purposes without authorization
  • Impersonate any person or entity, or falsely represent Your affiliation with any person or entity
  • Attempt to gain unauthorized access to the Application, other users' Accounts, or computer systems
  • Use automated systems, bots, or scripts to access or collect data from the Application
  • Reverse engineer, decompile, or disassemble any portion of the Application
  • Transmit any viruses, malware, or other malicious code
  • Violate any applicable laws, regulations, or third-party rights

5. NEPAL STOCK MARKET DISCLAIMERS

5.1 Information and Analysis

The Application provides information, data, and analysis related to securities traded on the Nepal Stock Exchange (NEPSE). All Content provided is for informational and educational purposes only and does not constitute investment advice, financial advice, trading advice, or any recommendation to buy, sell, or hold any securities.

5.2 Not Investment Advice

DISCLAIMER:

THE COMPANY IS NOT A REGISTERED BROKER, INVESTMENT ADVISOR, OR FINANCIAL PLANNER UNDER THE SECURITIES BOARD OF NEPAL (SEBON) OR ANY OTHER REGULATORY AUTHORITY. ANY INFORMATION, OPINIONS, OR RECOMMENDATIONS PROVIDED THROUGH THE APPLICATION SHOULD NOT BE CONSTRUED AS PERSONALIZED INVESTMENT ADVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS.

5.3 Investment Risks

You acknowledge and understand that investing in securities carries inherent risks, including the potential loss of principal. Past performance is not indicative of future results. Market conditions, company fundamentals, and economic factors can significantly impact investment outcomes. You should conduct Your own due diligence and consult with qualified financial professionals before making investment decisions.

5.4 Data Accuracy

While We strive to provide accurate and timely information, We do not guarantee the accuracy, completeness, timeliness, or reliability of any Content. Stock prices, market data, and other information may be delayed or contain errors. You should verify all information independently before relying upon it for investment decisions.

5.5 Compliance with Securities Laws

You agree to comply with all applicable securities laws and regulations of Nepal, including those established by the Securities Board of Nepal (SEBON), when using the Application or engaging in securities transactions. You acknowledge that You are responsible for understanding and adhering to all legal requirements related to securities trading in Nepal.

6. PERSONAL DATA AND PRIVACY

Your privacy is important to Us. The collection, use, storage, and disclosure of Your Personal Data is governed by Our Privacy Policy, which is incorporated into these Terms by reference. By using the Application, You consent to Our collection and processing of Your Personal Data in accordance with Our Privacy Policy and applicable data protection laws of Nepal.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

The Application, including all Content, features, functionality, software, code, designs, graphics, logos, and trademarks, is the exclusive property of Infotronex Technologies Pvt Ltd and its licensors. All rights, title, and interest in and to the Application are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Nepal and international treaties.

7.2 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any Content from the Application without Our prior written consent, except as expressly permitted by these Terms.

7.3 Trademarks

"Share Alpha" and all related logos, product names, and service names are trademarks of Infotronex Technologies Pvt Ltd. You may not use these trademarks without Our prior written permission.

8. TERMINATION

8.1 Termination by Company

We reserve the right to suspend or terminate Your Account and access to the Application immediately, without prior notice or liability, for any reason, including but not limited to: breach of these Terms, violation of applicable laws, fraudulent activity, non-payment of fees, or conduct that We deem harmful to the Application, other users, or the Company.

8.2 Termination by User

You may terminate Your Account at any time by following the account deletion process within the Application. Upon termination, Your right to access and use the Application shall immediately cease.

8.3 Effect of Termination

Upon termination of Your Account for any reason: (a) Your license to use the Application shall immediately terminate; (b) You shall cease all use of the Application; (c) We may delete Your Account data and Content in accordance with Our data retention policies; and (d) no refunds shall be provided for any unused portion of paid subscriptions.

9. LIMITATION OF LIABILITY

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHARE ALPHA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Loss of investment capital or trading losses
  • Business interruption or loss of goodwill
  • Any other intangible losses

ARISING FROM OR RELATING TO: (a) Your use of or inability to use the Application; (b) any investment decisions made based on Content from the Application; (c) unauthorized access to Your Account or Personal Data; (d) errors, inaccuracies, or delays in Content or data; (e) interruption or cessation of the Application; (f) viruses or malicious code transmitted through the Application; or (g) any conduct or content of third parties on the Application.

9.1 Maximum Liability

To the extent permitted by applicable law, Our total aggregate liability to You for all claims arising from or relating to the Application or these Terms shall not exceed the total amount of fees paid by You to Us in the twelve (12) months preceding the event giving rise to liability, or NPR 5,000 (Five Thousand Nepalese Rupees), whichever is greater.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Share Alpha and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) Your use or misuse of the Application; (b) Your breach of these Terms; (c) Your violation of any laws or regulations; (d) Your investment decisions or trading activities; (e) Your violation of any third-party rights; or (f) any Content You submit or transmit through the Application.

11. DISCLAIMERS

11.1 "As Is" Basis

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.2 Third-Party Services

The Application may contain links to or integrate with third-party websites, services, or resources. We are not responsible for the availability, accuracy, content, or policies of third-party services. Your use of third-party services is at Your own risk.

12. MODIFICATIONS TO TERMS

We reserve the right to modify, amend, or update these Terms at any time at Our sole discretion. Material changes shall be notified to You via email, in-app notification, or by posting a notice within the Application at least thirty (30) days prior to the effective date of such changes. Your continued use of the Application following the posting of revised Terms constitutes Your acceptance of such changes. If You do not agree to the modified Terms, You must discontinue use of the Application.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of Nepal, without regard to its conflict of law provisions.

13.2 Jurisdiction

Any legal action, suit, or proceeding arising out of or relating to these Terms or the Application shall be instituted exclusively in the courts located in Kathmandu, Nepal. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

13.3 Informal Resolution

Prior to initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations for a period of thirty (30) days.

14. MISCELLANEOUS PROVISIONS

14.1 Entire Agreement

These Terms, together with Our Privacy Policy, constitute the entire agreement between You and Share Alpha regarding the Application and supersede all prior agreements, understandings, and communications.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right.

14.4 Assignment

You may not assign, transfer, or delegate Your rights or obligations under these Terms without Our prior written consent. We may assign or transfer Our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond Our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, or internet/telecommunications failures.

15. CONTACT INFORMATION

If You have any questions, concerns, or complaints regarding these Terms and Conditions or the Application, please contact us through the appropriate channel:

15.1 Application Support

For general inquiries, technical support, and application-related questions:

Share Alpha - Application Support

Email: contact@sharealpha-app.com

Support Hours: Sunday - Friday, 10:00 AM - 5:00 PM (Nepal Time)

Location: Kathmandu, Nepal

15.2 Company and Administrative Contact

For legal matters, business inquiries, partnerships, and corporate communication:

Infotronex Technologies Pvt. Ltd.

(Parent Company & Administrator of Share Alpha)

Corporate Email: info@infotronex.com.np

Registered Office: Kathmandu 16, Nepal

Company Registration: 376113

Please allow 2-3 business days for response to inquiries. For urgent matters, please mark your correspondence as "Urgent" in the subject line.

ACKNOWLEDGMENT

BY CLICKING "I ACCEPT," REGISTERING FOR AN ACCOUNT, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT YOU UNDERSTAND THE NON-REFUNDABLE NATURE OF ALL SUBSCRIPTION PAYMENTS AND THE RISKS ASSOCIATED WITH SECURITIES TRADING IN THE NEPAL STOCK MARKET.

Last Updated: August 19, 2023