These Terms of Use (“Terms”) constitute a legally binding agreement between you and Gracia Global Advisory LLP, a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008, having its registered office at Office No. 102, 1st Floor, Rushabh CHS Ltd, Chaphekar Bandhu Marg, Near Khandoba Temple, Sane Guruji Nagar, Mumbai – 400081, Maharashtra, India (“Gracia”, “we”, “us” or “our”), governing your access to and use of the FinBowl website and the FinBowl platform (together, the “Platform”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM.
1.Definitions
“Client” means an organisation that has subscribed to the Platform under a Subscription and Services Agreement executed with Gracia (“Agreement”).
“Authorised User” means an employee, consultant or contractor authorised by a Client to access the Platform.
“Client Data” means all data, documents, files, records, financial information, identifiers and other information submitted by or on behalf of a Client on the Platform.
In the event of any conflict between these Terms and the Agreement, the Agreement shall prevail.
Unless the context requires otherwise, references to “you” or “your” in these Terms mean, collectively, the Client and its Authorised Users, and an obligation expressed to apply to “you” applies to each of them to the extent relevant to their respective role. An Authorised User’s acknowledgment of these Terms (including any acceptance recorded through the Platform) is given in that individual’s personal capacity for the purposes of Clause 3 (Acceptable Use) and related provisions, and does not itself constitute, vary or substitute the Agreement between Gracia and the Client.
2.Access and Accounts
Subject to these Terms and the Agreement, Gracia grants the Client a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform solely for its internal business operations during the subscription term.
Authorised Users shall keep all login credentials, passwords, API keys and access tokens confidential and shall promptly notify Gracia of any actual or suspected unauthorised access or misuse.
The Client shall be solely responsible for all activities undertaken through user accounts provisioned under its account.
3.Acceptable Use
You shall not reverse engineer the Platform, copy its source code, create derivative works, remove proprietary notices, resell or sublicense the services, or attempt unauthorised access.
You shall not, without Gracia’s prior written consent: (a) perform any penetration testing, vulnerability assessment or security testing of the Platform; (b) use any robot, scraper, crawler or automated tool to extract data from the Platform; or (c) use the Platform or any information obtained from it to develop a competing product or service.
Any breach of this Clause 3 shall entitle Gracia to immediately suspend or terminate access to the Platform and to seek injunctive or other relief available under law.
4.No Professional Advice
The Platform is intended to assist operational processes and does not constitute legal, accounting, tax, compliance, regulatory, financial or professional advice.
Artificial intelligence features are intended solely as a decision support tool, do not make decisions on behalf of users, and may not always be complete, accurate or suitable for a particular purpose. You shall independently review and verify all outputs before relying upon them.
You shall remain solely responsible for all decisions, filings, disclosures and compliance actions undertaken using the Platform.
Verification services depend on third-party providers. Gracia is not required to independently verify the accuracy of data made available to it and shall not be liable for the same.
5.Third-Party Services
Gracia shall not be responsible for any delay, interruption, unavailability, data inaccuracy or failure arising from third-party software, infrastructure, networks, data providers or integrations beyond its reasonable control.
6.Intellectual Property
All right, title and interest, including all intellectual property rights, in and to the Platform, its software, workflows, documentation and AI models shall remain exclusively vested in Gracia and/or its licensors.
Client Data, and AI generated outputs based on Client Data, shall remain the property of the Client.
Any feedback provided in relation to the Platform may be used by Gracia without restriction or obligation, provided that such use does not disclose your confidential information.
7.Confidentiality
Each party shall protect the other’s confidential information with no less than a reasonable standard of care and shall use it solely for the purposes of the services. Client Data shall be deemed confidential information of the Client.
This confidentiality obligation shall not apply to information that is or becomes publicly available other than through a breach of this Clause 7, was already lawfully known to the receiving party free of any restriction, is independently developed without reference to the disclosing party’s confidential information, or is rightfully received from a third party without breach of any confidentiality obligation. This Clause 7 shall survive termination or expiry of the Agreement for a period of three (3) years, save that the obligation of confidentiality in respect of Client Data shall survive for so long as Gracia retains such data.
8.Modification of Services
Gracia may modify, enhance or discontinue any feature of the Platform, provided that such changes do not result in a material degradation of the core services subscribed to by the Client. Fees, service levels, maintenance, suspension and refunds shall be governed by the Agreement.
9.Disclaimer
Except as expressly set out in the Agreement, the Platform is provided on an “as is” and “as available” basis, and Gracia disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and uninterrupted availability.
10.Limitation of Liability
To the fullest extent permitted by applicable law, Gracia shall not be liable for any indirect, incidental, consequential, special or punitive damages, or for any loss of profits, revenue, goodwill or data.
The aggregate liability of Gracia shall not exceed the subscription fees actually paid by the relevant Client to Gracia during the twelve (12) months immediately preceding the event giving rise to the claim.
Neither party shall be liable for any delay or failure in performance caused by events beyond its reasonable control.
11.Indemnity
The Client shall indemnify and hold harmless Gracia against any third-party claims, losses and expenses arising from its breach of these Terms or the Agreement, violation of applicable law, fraud or wilful misconduct, limited to amounts finally awarded by a court or arbitral tribunal or agreed in settlement.
12.Governing Law and Dispute Resolution
These Terms shall be governed by the laws of India.
Any dispute shall first be referred to good faith negotiations for thirty (30) days, failing which it shall be finally resolved by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai and the language shall be English.
Either party may seek interim relief from a court of competent jurisdiction. Subject to the foregoing, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction.
13.Amendments
Gracia may amend these Terms from time to time by posting the revised Terms on this page. Gracia shall provide reasonable prior notice of any material amendment, by email or in-app notification, and continued access to or use of the Platform following such notice shall constitute acceptance of the amended Terms. No such amendment shall modify the Agreement, which may be amended only in writing signed by both parties.
14.Contact
Gracia Global Advisory LLP, Office No. 102, 1st Floor, Rushabh CHS Ltd, Chaphekar Bandhu Marg, Near Khandoba Temple, Sane Guruji Nagar, Mumbai – 400081, Maharashtra, India. Email: support@finbowl.ai
Questions about this document?
Write to support@finbowl.ai or reach us at Gracia Global Advisory LLP, Office No. 102, 1st Floor, Rushabh CHS Ltd, Chaphekar Bandhu Marg, Near Khandoba Temple, Sane Guruji Nagar, Mumbai – 400081, Maharashtra, India.