Terms and Conditions

1. Introduction and Acceptance

The terms below govern your access to and use of the Nioloans Platform and the services made available through it.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• Platform: the Indifin software, website, mobile applications, and all related services, features, and content.
• User: any individual or entity that accesses or uses the Platform, including Direct Customers and Channel Partners.
• Direct Customer: end-users who apply through Channel Partner and use the Platform for their personal or business purposes.
• Channel Partner: business entities, organizations, or individuals who partner with Indifin to provide services to their own customers through the Platform.
• Personal Data: any information relating to an identified or identifiable natural person as defined under applicable data protection laws.
• Services: all features, functionalities, and offerings provided through the Platform.
• Content: all text, graphics, images, data, software, and other materials available on or through the Platform.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information as requested during the registration process. You may register as either a Customer through Channel Partner or Channel Partner, depending on your intended use of the Platform.

3.2 Account Types

• Organisation Accounts: business entities that partner/register with the Platform for providing services to their own customer base.
• Channel Partner Accounts: individuals that register with the Platform's services to their own customer base.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Immediately notifying us of any unauthorized access or security breach.
• Ensuring that your account information remains accurate and up-to-date.

3.4 Age Requirement

You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account and use the Platform. By registering, you represent and warrant that you meet this age requirement.

4. Services Provided

4.1 Platform Services

Indifin provides a comprehensive platform offering financial technology services, tools, and features designed to facilitate financial transactions, data management, analytics, and related services. The specific services available may vary based on your account type and subscription level.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform or Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

4.3 Service Availability

While we strive to maintain continuous availability, the Platform may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. We do not guarantee uninterrupted access to the Platform.

5. User Responsibilities and Prohibited Conduct

5.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, national, or international law or regulation.
• Infringe upon or violate the intellectual property rights of others.
• Transmit any harmful, fraudulent, or malicious content or code.
• Attempt to gain unauthorized access to any part of the Platform or related systems.
• Interfere with or disrupt the Platform or servers or networks connected to the Platform.
• Impersonate any person or entity or falsely state or misrepresent your affiliation.
• Use the Platform for any fraudulent, deceptive, or unlawful purpose.
• Engage in any activity that could harm minors or violate their privacy.

5.2 Compliance Obligations

You are responsible for ensuring your use of the Platform complies with all applicable laws, regulations, and industry standards in your jurisdiction, including but not limited to financial regulations, data protection laws, and anti-money laundering requirements.

6. Data Privacy and Protection

6.1 General Privacy Commitment

We are committed to protecting your privacy and handling your Personal Data in accordance with applicable data protection laws, including but not limited to the Digital Personal Data Protection Act, 2023 (India), and other applicable privacy laws.

6.2 Data Collection and Processing

We collect and process Personal Data for the following purposes:

• To provide, maintain, and improve the Platform and Services.
• To process transactions and send related information.
• To communicate with you about your account and our services.
• To comply with legal obligations and regulatory requirements.
• To detect, prevent, and address fraud, security, and technical issues.
• To analyze usage patterns and improve user experience.

6.3 Your Data Protection Rights

Depending on your jurisdiction, you may have the following rights:

• Right of Access: request copies of your Personal Data.
• Right to Rectification: request correction of inaccurate or incomplete data.
• Right to Erasure: request deletion of your Personal Data under certain circumstances.
• Right to Restrict Processing: request limitation of processing of your Personal Data.
• Right to Data Portability: receive your Personal Data in a structured, machine-readable format.
• Right to Object: object to processing of your Personal Data based on legitimate interests.
• Right to Withdraw Consent: withdraw your consent at any time where processing is based on consent.
• Right to Lodge a Complaint: file a complaint with the relevant data protection authority.

6.4 India-Specific Rights (DPDP Act 2023)

For users in India, in compliance with the Digital Personal Data Protection Act, 2023, you have the following rights:

• Right to access information about Personal Data processing.
• Right to correction and erasure of Personal Data.
• Right to grievance redressal through our designated Data Protection Officer.
• Right to nominate another individual to exercise your rights in case of death or incapacity.

6.5 Data Retention

We retain your Personal Data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. Retention periods vary based on data type and applicable legal requirements.

6.6 Data Security

We implement appropriate technical and organizational security measures to protect your Personal Data against unauthorized access, alteration, disclosure, or destruction. These measures include encryption, access controls, secure data centers, and regular security assessments.

6.7 Third-Party Sharing

We may share your Personal Data with:

• Service providers who assist in operating the Platform.
• Channel Partners (where you access the Platform through them).
• Law enforcement or regulatory authorities when required by law.
• Other parties with your explicit consent.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with applicable laws.

6.8 Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience, analyze usage patterns, and deliver personalized content. You can control cookie preferences through your browser settings. For detailed information, please refer to our Cookie Policy.

6.9 Children's Privacy

The Platform is not intended for use by individuals under the age of 18. We do not knowingly collect Personal Data from children. If we become aware that we have collected Personal Data from a child without parental consent, we will take steps to delete such information.

7. Intellectual Property Rights

7.1 Platform Ownership

The Platform, including all Content, features, functionality, software, code, design, graphics, and other materials, is owned by Indifin or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or internal business purposes. This license does not include any right to resell, redistribute, or create derivative works from the Platform.

7.3 User-Generated Content

You retain ownership of any content you submit, upload, or transmit through the Platform. By submitting content, you grant us a royalty-free, non-exclusive license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the Services.

7.4 Trademark Rights

Indifin, the Indifin logo, and other marks used on the Platform are trademarks or registered trademarks of Indifin. You may not use these marks without our prior written permission.

7.5 Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without any obligation to you, including for the development and improvement of our Services.

8. Payment Terms

8.1 Fees and Charges

Certain features of the Platform may require payment of fees. All fees are quoted in the currency specified at the time of purchase and are exclusive of applicable taxes unless otherwise stated. You agree to pay all fees and charges associated with your account.

8.2 Payment Methods

We accept various payment methods as displayed on the Platform. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge your payment method for all fees incurred.

8.3 Billing and Subscription

For subscription-based services, you will be billed on a recurring basis according to your selected billing cycle. Subscriptions automatically renew unless cancelled before the renewal date. You are responsible for canceling your subscription if you no longer wish to continue.

8.4 Refunds

Refund policies vary depending on the specific service or subscription plan. Please refer to the applicable service documentation or contact our support team for refund inquiries. Unless required by law, all fees are non-refundable.

8.5 Price Changes

We reserve the right to modify our pricing at any time. For existing subscriptions, price changes will take effect upon your next renewal period. We will provide reasonable advance notice of any price changes.

9. Termination

9.1 Termination by User

You may terminate your account at any time by following the account closure process in your account settings or by contacting our support team. Upon termination, your right to access and use the Platform will immediately cease.

9.2 Termination by Indifin

We reserve the right to suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, prolonged inactivity, or legal requirements.

9.3 Effect of Termination

Upon termination of your account:

• All rights granted to you under these Terms will immediately cease.
• You must cease all use of the Platform.
• We may delete your data in accordance with our data retention policies.
• Provisions of these Terms that by their nature should survive termination will remain in effect.

9.4 Data Retrieval

You may request a copy of your data within 30 days of account termination. After this period, we may delete your data in accordance with our data retention policies and applicable legal requirements.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

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

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDIFIN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Cap on Liability

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100).

10.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Indifin, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of third parties; or (d) any content you submit or transmit through the Platform.

12. Dispute Resolution

12.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform, you agree to first attempt to resolve the dispute informally by contacting us at support@nioloans.com. We will attempt to resolve the dispute through good faith negotiations.

12.2 Arbitration

If the dispute cannot be resolved informally within 60 days, either party may initiate binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Hyderabad, Telangana, India, and the language of arbitration shall be English. The arbitrator's decision shall be final and binding on both parties.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions to Arbitration

Either party may seek equitable relief in a court of competent jurisdiction to prevent unauthorized use or infringement of intellectual property rights.

13. Governing Law and Jurisdiction

13.1 Governing Law

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

13.2 Jurisdiction

Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in Hyderabad, Telangana, India for any disputes that cannot be resolved through arbitration.

13.3 Regional Variations

Certain provisions of these Terms may be modified or supplemented to comply with local laws and regulations applicable to users in specific jurisdictions. Such regional variations will be clearly indicated and will apply only to users in the relevant jurisdiction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on the Platform and updating the Effective Date at the top of this document. We may also notify you via email or through the Platform. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue use of the Platform.

For material changes that affect your data protection rights, we will obtain your explicit consent where required by applicable law.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Platform, constitute the entire agreement between you and Indifin regarding the Platform and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to reflect the parties intention to the greatest extent permitted by law.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Indifin.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder without restriction, including in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or government actions.

15.6 Third-Party Rights

These Terms do not confer any third-party beneficiary rights. The Platform may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

15.7 Language

These Terms may be translated into other languages for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Platform, or if you wish to exercise your data protection rights, please contact us at: