Terms of Service

1. Acceptance of Terms

Welcome to Incubazar. These Terms of Service ("Terms") govern your use of the Incubazar platform ("Platform") operated by Incubazar, a sole proprietorship business in India ("we," "our," or "us"). By accessing or using the Platform, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.

2. Definitions

• "Platform" means the Incubazar website, mobile application, and related services
• "User" means any person who accesses or uses the Platform
• "Founder" means a User seeking investment for their startup
• "Investor" means a User looking to invest in startups
• "Deal" means an investment opportunity listed on the Platform
• "Content" means text, images, documents, and other materials uploaded to the Platform

3. Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Platform under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

4. User Accounts

4.1 Account Registration

• You must create an account to use certain Platform features
• You agree to provide accurate, current, and complete information
• You are responsible for maintaining account confidentiality
• You are liable for all activities under your account
• You must notify us immediately of any unauthorized access

4.2 Account Types

Founder Accounts:

• Must provide company and incorporation details
• Subject to admin verification and approval
• Required to submit accurate business information
• Responsible for all content uploaded to their deals

Investor Accounts:

• Must complete KYC verification (PAN, Aadhaar, bank details)
• Subject to eligibility and regulatory requirements
• Must be an Indian resident or entity
• Acknowledge investment risks and compliance requirements

5. Platform Usage

5.1 Platform Services

Incubazar provides the following services:

• Matching Platform: AI-powered matching between founders and investors
• Deal Facilitation: Tools for listing and discovering investment opportunities
• Venture Calculator: Financial modeling and calculation tools for founders
• Learning Platform: Educational content library for startup knowledge
• Messaging System: Secure communication post-investment
• Document Tools: Generation of SAFE agreements and PAS-4 forms
• Data Room: Secure file storage and sharing for due diligence
• Subscription Services: Premium features for founders and investors

5.2 Permitted Use

You may use the Platform to:

• Browse investment opportunities (if you're an Investor)
• List fundraising deals (if you're a Founder)
• Communicate with other Users through the Platform
• Access educational and informational content
• Use financial calculators and modeling tools
• Generate and sign legal documents through integrated services
• Subscribe to premium features and services

5.3 Prohibited Activities

You agree NOT to:

• Violate any applicable laws or regulations
• Provide false, misleading, or fraudulent information
• Impersonate any person or entity
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Platform
• Scrape, copy, or download Platform data without permission
• Solicit investments outside the Platform (bypass)
• Manipulate or artificially inflate deal metrics
• Harass, threaten, or abuse other Users
• Use the Platform for money laundering or illegal activities
• Reverse engineer, decompile, or disassemble any Platform software
• Interfere with or disrupt the Platform's operation
• Circumvent any access restrictions or security measures

6. Investment Transactions

6.1 Platform Role

IMPORTANT: Incubazar is a facilitator and connector only. We do NOT:

• Pool funds or act as an investment advisor
• Guarantee returns or success of any startup
• Conduct due diligence on your behalf
• Hold custody of investor funds
• Make investment recommendations

6.2 Private Placement Compliance

All deals are conducted as private placements under Section 42 of the Companies Act, 2013:

• Maximum 200 investors per deal
• No public solicitation or advertising
• Access limited to registered Users only
• Cooling-off period of 3 days after expression of interest
• All transactions subject to legal documentation

6.3 Investor Responsibilities

• Conduct your own due diligence before investing
• Understand and accept all investment risks
• Ensure you meet investor eligibility criteria
• Comply with KYC and AML requirements
• Report suspicious activities to authorities

6.4 Founder Responsibilities

• Provide accurate and complete business information
• Disclose all material facts and risks
• Maintain compliance with securities regulations
• Update investors on company progress
• Execute proper legal documentation

7. Payments and Fees

7.1 Platform Fees

• Subscription Fees: Monthly or annual fees for premium features (Founder Basic: ₹5,000/year, Founder Pro: ₹15,000/year, Investor Pro: ₹15,000/year)
• Payment Processing: All payments are processed securely through Razorpay Payment Gateway
• Auto-Renewal: Subscriptions automatically renew unless cancelled 24 hours before renewal date

7.2 Payment Terms

• All fees are in Indian Rupees (INR) and include applicable taxes
• Payments are non-refundable except as required by applicable law
• We reserve the right to change fees with 30 days advance notice
• Unpaid fees may result in account suspension or termination
• You authorize us to charge your payment method for subscription renewals
• Failed payments may result in suspension of premium features

7.3 Third-Party Payment Processing

All payment transactions are processed by Razorpay. By making a payment, you agree to Razorpay's terms of service and privacy policy. We do not store your complete credit card or bank account details. Payment information is encrypted and transmitted directly to Razorpay's secure servers.

7.4 Investment Payments

Investment transactions between Investors and Founders are separate from Platform subscription fees. We facilitate document execution through DocuSign but do NOT handle fund transfers directly. All investment funds must be transferred according to the terms agreed between parties outside the Platform.

7.5 Refund Policy

• Subscription fees are generally non-refundable
• Refunds may be issued at our sole discretion for technical failures or billing errors
• Refund requests must be submitted within 7 days of charge
• Partial refunds may be issued for unused subscription periods in exceptional cases
• All refund decisions are final and at our discretion

8. Intellectual Property

8.1 Platform IP

All Platform content, features, and functionality (including but not limited to software, text, graphics, logos, and trademarks) are owned by us and protected by copyright, trademark, and other intellectual property laws.

8.2 User Content

You retain ownership of content you upload. By uploading content, you grant us a worldwide, royalty-free license to use, display, and distribute your content on the Platform.

8.3 Restrictions

• You may not copy, modify, or distribute Platform content without permission
• You may not reverse engineer or decompile the Platform
• You may not create derivative works from the Platform

9. Disclaimers and Limitations

9.1 No Warranty

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Investment Risks

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR INVESTMENTS.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting support@incubazar.in

10.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• Required by law or regulatory authority
• Your account is inactive for an extended period

10.3 Effect of Termination

Upon termination:

• Your access to the Platform will be revoked
• Your data may be deleted (subject to legal requirements)
• Outstanding obligations remain enforceable
• Certain provisions survive termination (e.g., liability, indemnification)

11. Indemnification

You agree to indemnify, defend, and hold harmless Incubazar, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you upload or transactions you conduct

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. You submit to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India.

12.2 Dispute Resolution

Escalation Process:

• Step 1 - Negotiation: First attempt to resolve disputes through good-faith negotiation via email to legal@incubazar.in
• Step 2 - Mediation: If unresolved within 30 days, parties agree to mediation
• Step 3 - Arbitration: If mediation fails, disputes shall be settled by binding arbitration

12.3 Arbitration Clause

• Arbitration shall be conducted under the Indian Arbitration and Conciliation Act, 1996
• Venue: Mumbai, Maharashtra, India
• Language: English
• Number of arbitrators: One (1) mutually agreed arbitrator, or appointed by the Court
• Arbitrator's decision is final and binding
• Each party bears its own costs unless arbitrator decides otherwise

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in court for intellectual property infringement, confidentiality breaches, or urgent matters requiring immediate relief.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Platform. Continued use after changes constitutes acceptance.

We will notify you of material changes via:

• Email notification
• Platform announcement
• Updated "Last Updated" date

14. General Provisions

• Severability: Invalid provisions do not affect the validity of remaining Terms
• Waiver: Failure to enforce a provision does not constitute a waiver
• Assignment: You may not assign these Terms without our consent
• Entire Agreement: These Terms constitute the entire agreement between you and us

15. Contact Information

For questions or concerns about these Terms, please contact us at: