Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you (“you”, “User”) and Prowessca Technology Solutions (OPC) Private Limited, a company incorporated under the Companies Act, 2013, having CIN U72900TG2020OPC140210 and its registered office at Camarilla, 66 Camelot Place, Kondapur, Hyderabad 500084 (“Prowessca”, “we”, “our”, “us”), governing your access to and use of the Fincentive.One website at https://fincentive.one, the Fincentive.One Hub, the Fincentive.One platform and all associated products, services, features, content, APIs and mobile applications (collectively, the “Platform”).

By creating an account, signing up for a trial, accessing, browsing or using any part of the Platform, you acknowledge that you have read, understood and agreed to be bound by these Terms, our Privacy Policy, our DPDP Notice and our Refund Policy. If you do not agree, you must not use the Platform.

1. Eligibility

You represent and warrant that:

• You are at least 18 years old and competent to contract under the Indian Contract Act, 1872.
• You are a resident of India or are lawfully permitted to use services based in India.
• Where you register on behalf of an entity, you are duly authorised to bind that entity to these Terms.
• You hold, or are applying for, a valid AMFI Registration Number (ARN), PFRDA intermediary registration, or other regulatory authorisation relevant to the services you provide your clients.

2. Account registration

To access most features of the Platform you must create an account. You agree to provide accurate, current and complete information during registration and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at support@fincentive.one of any unauthorised use.

3. Free trial and subscription

We offer a 15-day free trial beginning on the date of account creation. No credit card is required to start the trial. At the end of the trial, to continue using paid features, you must subscribe to one of our plans (Core, Pro or Growth) as described on /pricing. Subscription fees are payable in advance and are inclusive of applicable taxes. We may revise pricing from time to time; changes will apply from your next renewal date and we will notify you at least 30 days in advance.

4. Payments

All payments are processed by our payment partners Razorpay and Setu. By submitting payment details you authorise us and our partners to charge the applicable amount to your chosen payment method. We do not store card numbers, CVV or UPI credentials on our servers. Invoices are issued electronically in compliance with the Central Goods and Services Tax Act, 2017, and the rules made thereunder.

5. Permitted use

You may use the Platform solely for lawful purposes connected with your advisory practice. You agree NOT to:

• Violate any applicable law, regulation, SEBI / PFRDA / IRDAI / AMFI guideline, or third-party right.
• Upload client data without having obtained the requisite consents under the DPDP Act.
• Reverse engineer, decompile, scrape, or attempt to derive the source code of the Platform.
• Resell, sublicense or otherwise commercially exploit the Platform without our written consent.
• Interfere with the security, integrity, or availability of the Platform.
• Use the Platform to send spam, unsolicited marketing or misleading communications.
• Upload any virus, worm, trojan or other malicious code.
• Impersonate any person or misrepresent your affiliation or ARN.

We reserve the right to suspend or terminate your account, without refund, if we have reasonable grounds to believe you have breached these restrictions.

6. Regulatory role and disclaimer

Prowessca is a technology service provider. We are not a SEBI registered investment adviser, research analyst, stock broker, mutual fund distributor, pension agent, insurance broker or portfolio manager. The Platform is a tool that helps regulated intermediaries operate their business more efficiently; any investment advice, distribution activity or client recommendation made through the Platform is the sole responsibility of the registered User. You are solely responsible for ensuring that your use of the Platform complies with your regulatory obligations.

7. Your content

You retain all rights, title and interest in the data, documents, client records and other content you upload to the Platform (“Your Content”). You grant us a limited, non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display and transmit Your Content solely to provide the Platform to you. We will not use Your Content to train third-party AI models or share it for any purpose not authorised by you.

8. Intellectual property

The Platform, including its design, code, text, graphics, logos, trademarks, databases and software, is owned by Prowessca or its licensors and is protected by Indian and international intellectual property laws. “Fincentive.One”, “Smart Prospecting” and the Fincentive.One logo are trademarks of Prowessca. Except as expressly permitted by these Terms, nothing grants you any right, title or interest in these marks.

9. Third-party services

The Platform integrates with third-party services such as AMFI, NSDL, UIDAI, Setu, Digio, Razorpay, MF Central, and various AMC / PFRDA portals. Your use of those services is governed by their own terms. Prowessca is not responsible for the availability, performance, accuracy, pricing or policies of any third party.

10. Service availability

We aim to provide the Platform with 99.5% monthly uptime excluding scheduled maintenance windows. However, we do not guarantee uninterrupted access and will not be liable for any loss arising out of downtime, unless otherwise specified in a written service level agreement executed with you.

11. Warranty disclaimer

The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability or non-infringement. We do not warrant that the Platform will meet your requirements, be error-free, or that any defects will be corrected.

12. Limitation of liability

To the maximum extent permitted by law, in no event will Prowessca, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, goodwill or business, whether arising out of or in connection with your use of the Platform. Our aggregate liability for all claims relating to the Platform in any 12-month period shall not exceed the total subscription fees actually paid by you to us in that period.

13. Indemnity

You agree to indemnify, defend and hold harmless Prowessca and its officers, directors, employees and agents from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of your breach of these Terms, your violation of any law or third-party right, or Your Content.

14. Suspension and termination

You may terminate your account at any time by writing to support@fincentive.one. We may suspend or terminate your account immediately if you breach these Terms, if we are required to do so by law, or if continuing to provide the Platform to you becomes commercially unviable. On termination, your right to access the Platform ceases immediately; data retention is governed by our Privacy Policy.

15. Force majeure

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, pandemics, government actions, power failures, internet outages or telecommunication failures.

16. Changes to the Terms

We may amend these Terms from time to time. Material changes will be notified by email and/or through a prominent notice on the Platform at least 15 days before they take effect. Continued use after the effective date constitutes acceptance.

17. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved amicably within 30 days. Failing amicable resolution, disputes shall be referred to arbitration by a sole arbitrator appointed by Prowessca under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Hyderabad, Telangana. The language of arbitration shall be English. The courts at Hyderabad shall have exclusive jurisdiction over any matter not referred to arbitration.

18. Notices and contact

Legal notices must be sent by email to legal@fincentive.one with a copy by registered post to our registered office. For any other questions about these Terms, write to hello@fincentive.one or call +91 90009 00118.