This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the https://instarto.com website.

Instarto Technologies Pvt Ltd.‏ is a private limited company having its registered office at 2nd Floor, G-26, Harsh Path, Shyam Nagar, Jaipur 302019 INDIA (hereinafter referred to as “We”, “Us”, “Instarto ” or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). Your (“You” or “Your”) use of the platform (defined below) is subject to the notices, terms and conditions set forth in these Terms of Use. The domain name “Instarto.com” the mobile application by the name "Instarto - Discover & Invest in Startups" (hereinafter collectively referred to as the "platform") is owned by Instarto . Your use of the platform is governed by the following terms and conditions (“Terms of Use”) as applicable to the platform including the applicable policies which are incorporated herein by way of reference. You acknowledge and agree that you shall be subject to the policies that are applicable to the platform and by mere use of the platform, you shall be contracting with Instarto and these terms and conditions including the policies constitute your binding obligations, with Instarto.

By mere use of the platform, you agree to be subject to the applicable rules, guidelines, policies, terms, and conditions and the same shall be deemed to be incorporated into this Terms of Use and be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Any material updates / changes on the website will be deemed to have been notified, from time to time. Your continued use of the platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the platform.

Accessing, browsing or otherwise using the platform indicates your acceptance of all the terms and conditions in these terms of use. please read these terms of use carefully before proceeding. you declare your willingness to abide and be bound by these terms of use through your use of the platform. if you do not agree with the terms of use, please do not use the platform.

These Terms of Use will be effective immediately upon your acceptance of our terms and conditions, your use of our platform being indicative of such acceptance. These terms of use shall be enforceable against you in a the same manner as any other written agreement.

I. What we do

We provide a platform through which the new and growing businesses and registered users can interact with each other for the purpose of evaluating a potential business relationship

We enable users of the platform to register either as a startup (defined below) or as an Investor (defined below). Registered users are hereinafter referred to as “Members”. Through the tools and services provided on such platform.

We facilitate the validation of the business ideas provided by the startups as well as effective and secure communication between such Startups and other users including investors.

We may also provide certain offline services including but not limited to conducting seminars, workshops and providing an opportunity to the users of the platform to interact with other users of the platform offline.

II. Platform

i You can access the platform without registering for an account. However, to use several features, you will need to register and create a profile with accurate and complete information. Your profile must be your own or of the entity. You are entitled to represent and you shall not use or provide any information that is offensive or that violates any third party’s rights.

ii Account de-activation: You can choose to de-activate your account with instarto maintained on the platform by notifying [email protected]. Please note that any cancellation / deactivation of your account shall be subject to the payment terms applicable to you.

III. Startup

i. Sign-up: If you are a business looking for advice, mentors, prospective employees, collateral services for deal preparation, back end advisory services, fund raising and investment banking services, or to connect with the investor community, you have to register as a ‘Startup’ (Startup). Depending on your requirements/features you wish to access, you shall provide basic or detailed profile data. We may provide you with features where your profile can be viewed only by admin and prospective investors. We strive to restrict visibility of these aspects only to those users that have represented they fit within the categories you have identified. We cannot, however, guarantee that users who access this restricted information will not distribute that information to other persons.

ii. Features: Instarto provides you with various features such as ‘Investor Connect’, ‘Instarto Featured Deals’, ‘Stealth Mode’ and others on the platform. Each of these features enable different forms of interactions with other users of the platform. You may be required to accept special terms and conditions, execute additional documentation or pay additional fees to access some of these features. For instance, you will have to enter into an arrangement with us to included in the ‘Featured Deals’ feature. When you opt for certain features, based on your authorization, We may be required to reach out to Investors relevant to you using the built-in recommendation engine algorithms or based on our non-automated database.

iii. Stealth Deals: We provide ‘Stealth Deal’ modes, a feature wherein the startup has the right to choose which Investors can access its profile and visibility of your detailed profile shall be restricted only to such Investors.

iv. Fundraise: You acknowledge that you are not a publicly listed company and your securities are not registered, or required to be registered, on any stock exchange in any jurisdiction. In the event you and any other member of the platform choose to engage in a business relationship, whether or not a proposed investment into the startup, the terms and conditions of such relationship shall be agreed between the parties to such relationship and Instarto shall not be responsible for the same. Any transaction in securities that you may offer or conclude with any other member of the platform shall be offered, issued, allotted or transferred in strict compliance of all applicable laws including but not limited to private placement rules under applicable securities laws. Our platform has an internal mechanism to restrict the number of Investors that view the detailed profile to 100 by default thereby making it compliant with the applicable laws. However, it shall be your responsibility as a Startup to comply with the provisions of applicable laws including the Companies Act, 2013 and the private placement rules thereunder. You further agree to the following clause by agreeing to this document:

a. That in case a startup is not able to raise funds through our platform Instarto, then Instarto or any of its directors, officers, or members, shall not be liable to indemnify you or your entity/ startup/associate/ any other member directly or indirectly related to the aforementioned fundraise, for any loss/ damage/ time or effort involved/ claim of any other nature by whatever name called.

b. That we shall be entitled to the fee, as mentioned in a written agreement that shall be shared with you on email from [email protected] , on receiving initial interest from the prospective investor. Further, the success fee as receivable on successful fund raise shall be as specifically mentioned in the written agreement shared and accepted by you on email, but shall in any event be, not less than 2% of the transaction value of fund raised for you/ your organization/ startup registered with us on Instarto, and shall be payable as per terms and conditions shared with you in written agreement. The total fees shall wherever not specified, be payable by you and your entity, in not more than 7 days from the date of receipt/ sanction of proposed fund raise (of any amount whatsoever).

c. Please note that any revert received from your email id registered with us, in form of acceptance, note, mail or any other information shall be construed to be a valid lawful communication.

v. Verification: Instarto may, in connection with making available certain features of the platform to you, require certain information or documents to verify details provided by you including but not limited to identity, constitutional information or authorization. In case you do not provide such information, you may be unable to access certain features of the platform.

vi. Investor Reporting: In the event you were part of the ‘Instarto Featured Deals’ feature and your interactions with Investors on the platform results in successful completion of a Fundraise, you shall make sure that such reporting including such information, documents, business metrics and financial metrics as Instarto may require, shall be shared through the platform for reporting to investors who have concluded an investment in the startup.

IV. Investor

i. Sign-up: In case you are a sophisticated investor interested in exploring opportunities to engage with early-stage companies and venture capital undertakings in the capacity of an advisor, mentor or investor, you have to register on the platform as an ‘Investor’ (Investor). Once you register by providing your profile details, Instarto may contact you before approving your investor account on the platform. You shall be eligible to use the features of the platform available to an Investor only after your registration has been approved by Instarto for the same. Depending on the information you provide such as interests and prior investments.

ii. Eligibility: By applying for an investor account on the platform, you confirm that you are a sophisticated investor with personal or professional experience assessing the short term and long term business prospects of early stage companies and venture capital undertakings and understand the risk of investing in such businesses, including the high likelihood of loss and long period of illiquidity. You acknowledge that you are capable of evaluating the merits and risks of such investments, are able to incur a complete loss of such investment without impairing your financial condition and are able to bear the economic risk of such investment for an indefinite period of time.

iii. Features: We provide several tools and services for you to explore and evaluate Startups including access to a startup’s investor deck, founder video, traction, financials and messaging the founders depending on the privacy settings chosen by each startup. We also display and classify startups under several categories such as ‘Featured’, ‘Trending’ and ‘Recommended’. This classification is made by our software algorithms and offline analysts team based on your prior investments, sector interests, other information provided by you and interactions of other members of the platform with such Startup. We may not display all startups that meet your criteria or all startups We display may not satisfy your criteria, but these classifications are made on a best efforts basis. We also provide features to follow a startup’s profile and/or progress through different tools on the platform. Some of these features are available based on whether you have previously invested or committed to invest in a particular Startup.

iv. Associates: ‘Associates’ are smaller social groups of Investors on the platform created by a marquee or lead member whose deal flow is shared with other members in the associate. Joining a syndicate allows an investor to follow investment commitments being made by the associate and co-invest in such deals based on the lead investor’s discretion.

v. Investment : Based on your review of the information provided by a startup and your interactions with its founders or representatives, you may choose to put your interest in investing in a startup and reserve your right to participate in an offer inviting investment by the startup. Although several of the features and services we provide to you are free, to make a commit. Once you have made a commit, you will be able to track the status of the startup’s fundraise including the amounts committed thus far and the status of documentation. The startup may, at its sole discretion, accept your commit and make an offer inviting your investment and the terms and conditions of such investment shall be agreed between you and the startup and Instarto shall not be responsible for the same. You must obtain such professional advice as is appropriate to protect your interests, including legal, tax, accounting, financial, due diligence and other advice. Instarto may, at its sole discretion, deactivate or cancel your account on the platform in the event you do not invest in a startup upon its issue of a duly executed offer letter after having made a commit on the platform and such event may be treated as a breach of these Terms of Use. Provided however that, this may not be construed a breach of these terms in case you have informed the startup, with intimation to Instarto , of your discomfort with any material finding resulting from the due diligence of the startup within 15 (fifteen) days of being intimated of such finding and such issue has not been resolved to your reasonable satisfaction by the startup.

vi. Investment Vehicles: A startup may, in consultation with the lead investor or other representatives, require or provide an option for you to invest through certain investment vehicles such as alternative investment funds and special purpose vehicles. The terms and conditions of your investment through such vehicle shall be governed by a separate agreement executed with you by such vehicle and/or the startup.

vii. Investment Vehicles: As an investor, you may also be allowed to create a profile on behalf of an entity such as investment funds, incubators, accelerators, portfolio manager, investment banks or family offices (Enterprise).You represent that you are duly authorized to create such profile and represent the enterprise on the platform and that your actions on the platform shall be binding on the enterprise.

viii. Risks: You acknowledge that an investment in a single startup or multiple startups on the platform involves a high degree of risk, regardless of whether such investment is direct or through an investment vehicle. There can be no assurance that

a. A startup will achieve its business plan, stated objectives or targeted valuation.

b. The investment vehicle’s objectives will be achieved. in investing;

c. A lead investor has experience

d. An Investor will receive a return of any part of its investment. In addition, there may be occasions when the investment advisor to an investment vehicle Manager, a lead Investor, and/or their respective affiliates may encounter potential conflicts of interest in connection with an investment vehicle or startup, such that said party may avoid a loss, or even realize a gain, when other investors in the investment vehicle/startup are suffering losses.

The following considerations, among others, should be carefully evaluated before making an investment in a Startup, whether directly or through an investment vehicle. A Startup is likely to operate in market is highly competitive and the percentage of companies that survive and prosper is small. Early stage businesses often experience unexpected problems in the areas of product development, manufacturing, marketing, financing, and general management, among others, which frequently cannot be solved. In addition, startups may require substantial amounts of financing, which may not be available through institutional private placements, the public markets or otherwise. Please refer to https://Instarto .com before using the platform.

VI. Investor

i. : You shall not host, display, upload, modify, publish, transmit, update or share any information that:

ii. Belongs to another person and to which you do not have any right.

iii. Is grossly harmful, harassing, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, otherwise unlawful in any manner whatsoever.

iv. Harms minors in any way.

v. Infringes any patent trademark, copyright or other proprietary rights.

vi. Violates any law for the time being in force

vii. Deceives or misleads the users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

viii. Impersonates another person.

ix. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with friendly states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You understand that any content you find on or through the platform is the sole responsibility of the person who originated such content. You confirm that you are not relying on Instarto to, and that you understand that we do not, endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted via the platform or endorse any opinions expressed on the platform. You understand that your content may be republished and if you do not have the right to submit content for such use, it may subject you to liability, and that Instarto will not be responsible or liable for any use of your content by Instarto in accordance with these Terms of Use.

VI. Chat

i. : Please use the chat features of the platform responsibly and in accordance with paragraph V.i above. You shall not use the platform to send unsolicited commercial messages ('spam') or unsolicited mass distribution of files. In order to enforce this provision, Instarto may establish additional policies regarding the use of chat features, including, but not limited to, maximum retention times of messages, maximum number of messages sent per day, or a maximum size of a message.

ii. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to collect or copy data from the platform. You further agree that you shall access the platform only via the website through a web browser or a mobile user interface. Notwithstanding the foregoing, Instarto grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Instarto reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the platform, nor to use the communication systems provided by the platform for any commercial solicitation purposes.

VII. Representations and Warranties of User

i. You hereby represent and warrant:

a. That you have the right, authority, and capacity to enter into this Terms of Use on your own behalf and on behalf on any entity for whom you are acting and to abide by all of the terms and conditions contained herein, and that if any aspect of your participation violates provisions of the law to which you are subject, you will cease using the services and close your account

b. That you are at least 18 years old and competent to execute and perform into any agreement you enter into through our platform.

c. That you shall not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason.

d. That you shall not use a user ID name that is subject to any rights of a person other than yourself without appropriate authorization.

e. That you shall comply with the terms and conditions stipulated in this Terms of Use.

f. That you shall be solely responsible for maintaining the confidentiality of your password.

g. That all the representations made by you to us including in accordance with these terms and conditions are true, correct and complete and that you will update your registration information with the company as needed so that it remains true, correct and complete.

h. That you will conduct yourself in a professional manner in all your interactions with any other user, Instarto, their respective directors, employees and officers and shall not defame, harass, intimidate, threaten, disparage, libel or otherwise make false statement concerning any of the aforesaid persons in the course of your interactions with them or third parties.

i. That your usage of the platform will not, in any manner, directly or indirectly, violate terms of any contractual arrangement binding on you. Further, you agree not to use the platform in a manner that results in an event where you may experience a conflict of interest such as with an entity in which

- You are currently holding shares;

-You are a director or a key employee

- You exercise significant influence.

j. That you shall cooperate in good faith with other users, fellow shareholders in the startup, Instarto and its personnel, and their respective employees and officers to give effect to and honour the terms of any contract entered into between you and such persons, whether or not executed through the platform.

VIII. Emails, Newsletters and Notifications

If you wish to subscribe to our newsletter(s) or receive notifications or e-mails from us, we will use your name and latest e-mail address provided by you in this regard. However, you may choose to stop receiving our newsletters by following the instructions to unsubscribe as included in these e-mails or you can contact us at info@Instarto .com.

IX. Intellectual Property

i. This platform is operated by and is the sole property of Instarto . Any and all material on this platform, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by us or by other parties that have licensed such material to us, or such parties having ownership of content uploaded on the platform. You agree that any and all material displayed on the platform is solely for your personal use and you shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and you shall not assist any other person in doing so. Modification of the said materials or use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. Instarto grants to you a temporary, non-exclusive, revocable, non-transferable limited license to use the platform for your own use. All right, title, and interest in and to the platform (excluding content uploaded specifically by a user) is and will remain the exclusive property of Instarto and/or its licensors.

ii. You agree that these Terms of Use do not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the platform (updates). We may, however, occasionally provide automatic updates to the platform at its sole discretion (and without any advanced notification to you). Any such updates shall become part of the services and subject to these Terms of Use.

iii. From time to time, we test various aspects of our platform, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

iv. By submitting any content or material to the platform including names, logos and/or any material that is protected through trademark, copy right, word mark, etc. of yourself or your Enterprise or your startup, you hereby grants Instarto a worldwide, non-exclusive, royalty-free, perpetual, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the such content in connection with the platform and Instarto’s business, including without limitation for promoting and redistributing part or all of the platform (and derivative works thereof) in any media formats and through any media channels. In the event it does so, Instarto will seek to maintain the confidentiality of the content consistent with your account classification, but once again cannot guarantee any such confidentiality. You also grant each user of the platform a non-exclusive license to access your content through the platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the platform and under these Terms of Use.

v. Instarto shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by you on the platform.

vi. If you are a copyright owner or an agent thereof and believe that any content on the platform infringes upon your rights, you may contact [email protected] and provide details requested in regards to such infringement.

X. Prohibited Uses

i. The Platform may be used only for lawful purposes. Instarto specifically prohibits any use of the platform for and you agree not to use the platform for any of the following purposes:

a. Modifying, publishing, storing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted material contained on the platform, in whole or in part, without our prior written consent

b. Subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting other rights in the content and any material and documentation provided on the platform by other users or Instarto to any third party.

c. Providing use of the content in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to users who are not individually licensed by Instarto or otherwise exploiting any portion of, the use of or access to the content or the materials or documentation provided on the platform in contravention of these Terms of Use.

d. defame, libel, disparage, threaten, harass or intimidate anyone or otherwise violate the personal, privacy, contractual, intellectual property or other rights of any person, including by the use of offensive comments related to race, national origin, gender, sexual preference or physical handicap

e. submit any content or material that falsely expresses or implies that such content or material is sponsored or endorsed by Instarto .

f. sell access to the platform or any part thereof other than through a mechanism expressly approved by Instarto .

ii. Instarto may also place additional fair use restrictions including restrictions on concurrent connections and time of usage.

XI. Modifications

i. We reserve the right at any time and from time to time, in our sole discretion, to modify the content on the platform or any part thereof, including the transmission of any related materials or documentation, with or without providing prior notice to you. We further reserve the right at any time and from time to time, at our sole discretion, to alter, modify or terminate any content or features contained on the platform without providing to you prior notice of such alteration, modification or termination. You agree that Instarto shall not be liable to you or to any third party claiming through you, for any modification of the content or features provided on the platform.

XII. System Limitations and Failures

i. We use internally developed systems for providing you access to and facilitating your use of the platform. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, we continually enhance and improve these systems in order to accommodate the level of use of the platform. We may also add additional features and functionality to platform that might result in the need to develop or license additional technologies. Increased utilization of the platform or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that we shall not be liable to you or to any third party claiming through you, for any such failures contemplated herein.

XIII. Privacy and Confidentiality

i. Your use of the platform is governed by our privacy policy, which can be located at https://Instarto.com/privacy

ii. Please read our privacy policy to understand our information collection and usage practices. You may obtain certain confidential information, including without limitation, technical, contractual, product, pricing, business related functions, activities and services, customer lists, knowledge of customer needs and preferences, business strategies, marketing strategies, methods of operation, markets and other valuable information that should reasonably be understood as confidential (Confidential Information). You acknowledge and agree to hold all confidential information in strict confidence. Title and all interests to all confidential information shall be vested in us. Your obligations regarding confidential information will survive the termination of these Terms of Use in accordance with paragraph XVIII below. Upon such termination, you must stop forthwith using any confidential information to which you may have been exposed in due course of your use of the platform.

iii. You agree that your obligations under this Paragraph XIII are necessary and reasonable in order to protect Our business and expressly agree that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable harm and injury to Instarto and that, in addition to any other remedies that may be available, in law, equity or otherwise, Instarto shall be entitled to obtain injunctive relief against the threatened breach of the terms of this paragraph or the continuation of any such breach.

iv. The restrictions in this paragraph XIII shall not apply to disclosure of confidential information by either party if and to the extent the disclosure is:

a. required by the applicable law of any jurisdiction

b. required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law

c. made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this paragraph

Provided that, restriction in this paragraph XIII shall not apply to disclosures of confidential information made by Instarto to its shareholders, directors, managers, advisors, potential investors and/or affiliates. Provided further that Instarto may disclose the confidential information to third party vendors and customers or pursuant to partnering arrangements without the restriction of this paragraph XIII provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph

XIV. Additional / Special Terms and Conditions

i. Instarto may notify you or request you to accept additional or special terms and conditions in relation to your access of certain features or services on the platform. You agree that you shall access or use such features and services only in accordance with such additional or special terms and conditions as if they were incorporated herein these Terms of Use.

XV. Links to / from other Platforms and Third Party Tools

i. The platform may contain link/s to various other websites. These links are provided solely for your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Instarto , We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If you decide to access such linked websites, you do so at your own risk. We do not in any way endorse the linked websites.

ii. Similarly, this platform can be made accessible through a link created by other websites. Access to this platform through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this platform are necessarily the same or similar to the idea, concept, aim or purpose of our platform or that such links have been authorized by us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Instarto consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this platform, is utilized to visit this platform and such event is brought to the notice or is within the knowledge of Instarto , civil or criminal remedies as may be appropriate shall be invoked.

iii. Certain members can connect their account on the platform to other platforms such as LinkedIn or any other third party websites. This feature requires you to accept and comply with the terms of service and privacy policy of such third party website. If you choose to connect, you will be able to take advantage of various social features included as part of the platform specifically for the features available on such third party websites. In addition, Instarto may personalize and otherwise enhance your experience based on your information obtained from or through such third party website. By connecting your Instarto account to your LinkedIn account or any other third party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to LinkedIn or any other third party (in accordance with your privacy settings on such third party and these Terms of Use). If you do not want information about you to be shared in this manner, do not use the connect feature of LinkedIn or any other third party website. We disclaim all warranties in relation to and all liabilities arising from any use of your personal information by LinkedIn or any other third party website.

XVI. Security

i. You are prohibited from violating or attempting to violate the security of the platform, including, without limitation:

a. accessing data not intended for ou or logging into an account which you are not authorized to accessy

b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

c. interfere with service to any user, host, or network.

ii. You shall not misuse this platform by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together "Viruses "). You must not attempt to gain unauthorized access to our platform, the server on which the platform is stored or any server, computer or database connected to this platform. You must not attack this platform via a denial-of-service attack. Further, you shall not interfere with or circumvent any security feature of the platform or any feature that restricts or enforces limitations on use of or access to the platform, such as probing or scanning the vulnerability of any system, network or breach.

iii. By breaching the provisions of this paragraph XVI, you may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with such authorities by disclosing your identity to them. In the event of such a breach, your rights to use this platform will cease immediately.

iv. We will not be liable for any loss or damage caused by a denial-of-service attack or viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this platform or to your downloading of any material posted on it, or on any platform linked to it.

v. You agree to immediately report to us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.

vi. You shall not interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the platform of other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail-bombing the platform, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the platform.

vii. You are prohibited from reverse engineering, decompiling, reverse assembling, modifying or attempting to discover or copy any software, source code or structure that the platform utilize to generate web pages or any software or other products or processes accessible through the platform.

viii. All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same. Instarto reserves the right to suspend/terminate your account at any time if it is found that you have been sharing the password with any unauthorized user.

ix. In order to reduce the risk of unauthorized access, all accounts maintained with us through the platform are locked after four (4) consecutive incorrect login attempts. In the event of such lockout, you can email the administrator at [email protected] and the account shall be unlocked upon receipt of your email. You can also request for a password reset on our website through the ‘forgot password’ option on our platform.

XVII. Monitoring

i. All electronic communications and content presented and/or passed to us, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Instarto in the exercise of their duties, or by law enforcement authorities who may be assisting Instarto in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, Instarto has the right to reject, at its sole discretion, from the platform any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Instarto .

XVIII. Termination

i. In the event it is determined by us that you have violated any of these Terms of Use, We shall have the right, at our sole discretion, to suspend your use of and prohibit access to any or all features/parts of the platform forthwith. Any such suspension or termination of access to platform may be effected by us without providing you with a prior written notice in this regard. Upon such termination of access to the platform, these Terms of Use, as applicable to you, will be deemed to have been terminated and no refund of any payments made by you shall be required to be made by Instarto .

ii. You acknowledge and agree that, upon termination, you shall immediately destroy any copies made of any portion of the content contained on the platform. You acknowledge and agree that Instarto shall not be liable to you or any third party claiming through you, for any suspension or termination of access to platform.

iii. These Terms of Use shall stand terminated upon your closing of your account on the platform.

iv. The rights and obligations of the parties under this agreement, which either expressly or by their nature survive the termination of these Terms of Use including but not limited to paragraph IX (Intellectual Property), paragraph XIII (Privacy and Confidentiality), paragraph XX(Indemnity), paragraph XXII (Governing Law and Dispute Resolution), paragraph XXV.iii (Notice) and paragraph XVIII.ii shall survive the termination of this agreement.

v. Except as otherwise specifically provided herein, the termination of these Terms of Use for any reason whatsoever shall be without prejudice to any rights or obligations accrued to or in respect of the parties prior to the date of termination.

XIX. Disclaimer of Warranties and Limitation of Liability

i. Instarto does not endorse or act on behalf of any third party. In the event you engage the services of / interact with any third party, through the platform, Instarto will not be liable to You for any act or omission by such third party in relation thereto.

ii. We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on the platform, including but not limited to

a. warranties as to merchantability or use for a particular purpose whether or not Instarto knows or has reason to know or has been advised of any such purpose. OR

b. warranties as to any results to be obtained from any use of the Instarto content or information derived from use of the platform.

Iii. Instarto shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Instarto content on the platform, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the Instarto content.

iv. Any content or services provided through the platform shall not be construed as investment advice by Instarto or an opinion provided by Instarto regarding the appropriateness or suitability of any investment, or a recommendation or an offer or solicitation by Instarto or the new and growing businesses for the purchase or sale of any security or securities in general, nor otherwise an endorsement, inducement, or solicitation of any type.

v. You acknowledge and agree that by the mere fact of registering on our platform, you do not acquire any right to subscribe to the shares of any of the said businesses. Such right to subscribe to the shares of any of the said businesses shall be conferred upon you only in the event that such business or entity extends an express invitation or offer to you to subscribe to the shares of such business or entity.

vi. The platform, all the materials and services, included on or otherwise made available to you through this platform is provided by Instarto on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Instarto does not warrant that:

• The platform will be constantly available, or available at all
• The information on the platform or provided through the website is complete, true, accurate or not misleading
• The quality of any products, services, information, or other material that you obtain through the platform will meet your expectations

vii. Instarto is not a stock exchange recognised by the Securities Exchange Board of India (SEBI ) under the Securities Contract (Regulation) Act, 1956. The securities offered by any Startup registered on the platform are not traded on any stock exchange recognised by SEBI. Instarto does not allow any secondary market trading of securities on the platform.

XX. Indemnity

i. You agree to indemnify and hold Instarto harmless from:

i. any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of your use of the platform, any violation of the terms of these Terms of Use or any other agreement executed with Instarto or another user by you

ii. any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on your part

iii. for fraud committed by you

iv. or your infringement of any intellectual property or other right of any person or entity.

v. or as a result of any threatening, libelous, obscene, harassing or offensive material posted / transmitted by you on the platform.

ii. Your obligations under this paragraph XX shall survive the termination of these Terms of Use in accordance with paragraph XVIII above.

XXI. Foreign Jurisdictions

i. Instarto makes no representation that the content contained on the platform is appropriate or to be used or accessed outside of the Republic of India. You are expressly notified that, many states and foreign countries all have their own regulations that must be observed in relation to your use or access of the platform. You must make your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to your use and access of the platform in such jurisdictions.

XXII.Governing Law and Dispute Resolution

i. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Jaipur, Rajasthan, India shall have exclusive jurisdiction in relation to any Disputes (defined below) arising out of or in connection with these Terms of Use subject to the provisions of this paragraph XXII.

ii. Any action, dispute or difference arising under or relating to this Terms of Use(Dispute ) shall at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations shall begin promptly, within 30 (thirty) days after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, such dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and rules prescribed thereunder .When any Dispute is under arbitration, except for the matters under dispute, Instarto and you shall continue to exercise the remaining respective rights and fulfil the remaining respective obligations under this Terms of Use.

iii. The arbitration shall be conducted by a sole arbitrator jointly appointed by Instarto and you. If parties fail to appoint an arbitrator within 30 days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Jaipur, Rajasthan, India.

iv. The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

v. You agree and acknowledge that the provisions of paragraph IX (Intellectual Property)and paragraph XIII (Privacy and Confidentiality) are of importance to Instarto and monetary compensation may not constitute adequate relief and remedy to Instarto for non-performance by you of your obligations thereunder. Accordingly, Instarto shall be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring you to perform your duties and obligations under such provisions.

XXIII. Severability

i. If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

XXIV. No Waiver

i. The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

XXV. General

i. These Terms of Use comprise the full and complete agreement between you and Instarto with respect to the use of the platform and supersedes and cancels all prior communications, understandings and agreements between you and Instarto , whether written or oral, expressed or implied with respect thereto.

ii. Instarto shall be entitled to assign their rights and obligations hereunder to any affiliate, third party or as part of any restructuring, business combination, merger or acquisition.

iii. Any notice to be given in connection with these Terms of Use shall be delivered via email to Instarto at [email protected]or to you at the email address provided by you in your profile. You consent to the use of electronic communications in order to the electronic delivery of notices in relation to any matter under these Terms of Use.

Instarto Technologies Private  Limited‏ is a private limited company having its registered office at G-26, IInd Floor, Harsh Path Shyam Nagar, Jaipur – 302 019 Rajasthan India. (We, us our or Instarto, which expression shall mean and include its affiliates, successors and permitted assigns) and provides certain services on website owned and operated by Instarto. The website is https:/www.Instarto.com.

This privacy policy (hereinafter also referred as Policy) constitutes a legal agreement between you (you or your or user) as the user of the website, and Instarto, as the owner of the website. This policy is applicable to the users of the website, and the information and data gathered from the users directly. It will not be applicable for any other information or website. You are hereby advised to read this policy carefully and fully understand the nature and purpose of gathering and/or collecting sensitive, personal and other information and the usage, disclosure and sharing of such information.

This policy has been prepared under the provisions of (Indian) Information Technology Act, 2000 (IT Act) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (IT Rules) promulgated thereunder, and sets out the practices and policies for the protection of personal information (including sensitive personal data or information) collected, received, possessed, stored, dealt with or handled by Instarto.

By voluntarily providing us with information, you are consenting to our use of it in accordance with this policy.

 

1. Applicability

1.1 This privacy policy (policy) describes our policies and procedures on the collection, use, storage and disclosure of any information including, business or personal information provided by you or your while using our platform. This policy specifically governs:

1. The collection and use of personal data and sensitive personal data or information provided by you.
2. The processing of personal information and sensitive personal data or information provided by you while using our platform.

1.2 Your use of the platform will be governed by this policy in addition to the Terms of Use as applicable to you. The policies together with the Terms of Use are also referred to as the platform documents.

1.3 During the course of your association with Instarto, you may be required to execute certain other commercial agreements and such commercial agreements and this privacy policy shall, together with the Terms of Use unless explicitly specified to the contrary, govern your business relationship with Instarto.

1.4 However, in the event of a conflict between the terms contained in the platform documents and the terms contained in the commercial agreements, as applicable to you, the terms of the commercial agreements shall prevail unless specifically provided otherwise in the respective commercial agreement.

2. Definitions

Capitalized terms not otherwise defined in this Privacy Policy or the Terms of Use shall have the following meaning

2.1 Personal Information   shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person or is not otherwise publicly available. For avoidance of doubt, examples of personal information include a person's name, address (including work addresses and work email addresses), date of birth, voice, opinions about people, national insurance number, driving license number, permanent account number, etc.

2.2 Sensitive Personal Data or Information
  shall mean personal information, which consists of information relating to any to the following of an individual:

1. passwords
2. physical, physiological and mental health condition

• sexual orientation

1. medical records and history
2. financial information such as bank account or credit card or debit card or other payment instrument details, etc.
3. biometric information (information derived from technologies that measure or analyse physical human characteristics such as voice patterns, fingerprints, facial patterns

2.3 User Information   shall mean, collectively, your personal information and sensitive personal data or information or any other information collected from you.

3. Collective of Information

3.1   Instarto will use the user information provided by you only in accordance with the purposes described in this policy

3.2   In general, you can visit our platform without revealing your identity or any personal information. However, you may not be able to access multiple areas of the platform or features provided on the platform that require registration, subscription, or need you to reveal your identity and/or other personal information or sensitive personal information about you.

3.3   Minors are prohibited from using our services and we are committed to not collecting personal information from any minors viewing the platform.

3.4   During your use of our platform, we may collect and process such information from you, including but not limited to the below mentioned:

3.4.1 Information that you provide to us by filling in forms on the platform. This includes both personal information and sensitive personal information including contact information, name, gender, email address, mailing address, phone number, financial information including bank account details, payment instrument details, details of employment and terms thereof, details of investments made by the user, if any, unique identifiers including user name, account number, password and personal preferences including favorites lists, transaction history and investment preference. At the time of creating your  profile on the platform, you will be notified and be allowed to customize the information that is available to the public and that shall be private.

3.4.2 Information relating to your business provided by you or available to the general public may be used by us on the platform or otherwise as agreed to in the Terms of Use or such additional service that you may have subscribed to. As a default setting, Instarto shall be creating a basic profile of your company / business, which is available to the general public containing name, logo, sectors, twitter pitch, team, product etc. Instarto will also be creating a detailed profile from the information that you provide as well as collected from the platform, which contains all data available with Instarto  relating to your company including traction, financials, investors, timeline, competition etc. The detailed profiles can be accessed only by registered users of Instarto. You will have the option of limiting access to the information in the basic profile to the public at large as well as in restricting access to the detailed section only to registered users of Instarto approved by you.

3.4.3 Information that you provide to us by completing surveys, feedbacks etc.

3.4.4 Information that you provide when you write directly to us (including by e-mails or letters);

3.4.5 Information that you provide to us over telephone. We may make and keep a record of the information you share with us.

3.4.6 When you use the platform, we may employ clear web beacons which are used to track your online usage patterns. In addition, we may also use clear web beacons in HTML-based e-mails sent to you to track which e-mails are opened/ viewed and which links were opened by you. Such collected information is used to enable more accurate reporting and making the platform better for our users.

3.4.7 Information relating to logs is automatically reported by your browser each time you access a web page. When you use the platform, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (IP) address, location (through GPS) browser type, referring/ exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, click paths, feature usage and other such information. We use this information, which may identify users, to analyze trends, to administer the site, to track users movements around the site and to gather demographic information about the user base as a whole.

3.5 Sensitive Personal Information:

3.5.1  Instarto  will not collect sensitive personal data or information from you unless the collection of such sensitive personal data or information is considered necessary for the purpose for which it is being collected and even in such a case, you will be made aware of the following:

1. The fact that your sensitive personal data or information is being collected
2. The purpose for which the sensitive personal data or information is being collected
3. The intended recipients of the sensitive personal data or information

3.5.2   You shall have the option of not disclosing your sensitive personal data or Information to Instarto. In the event that you choose not to disclose sensitive personal information, you may not be able to access multiple areas of the platform or services provided on the platform.

4. Access to User Information:

4.1 You shall have the right, upon request, to access and review your information provided to us. You may decline to submit identifiable information through the platform, in which case you may not be allowed to access certain features / parts of the platform. If you are a registered user, you may update or correct your account information and email preferences at any time by logging in to your account. Alternatively, if you believe that any of your information held by us is inaccurate, you may write to us at [email protected].  It is your responsibility to ensure that any information you provide to us remains accurate and updated.

4.2 The Information collected by us shall not be retained for longer than is required for the purpose for which the information may lawfully be used or is otherwise required under any other law for the time being in force.

5. Cookies

5.1   Cookies are small files that reside on your computer's hard drive and generally contain an anonymous unique identifier and are accessible only by the website that placed them there and not any other sites (cookies). Some of our web pages and services may also utilize cookies and other tracking technologies to collect information about your general internet usage.

5.2 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you log on to the platform. The use of cookies by our partners, affiliates, advertisers or service providers is not covered by the policy.

5.3 Cookies enable us to:

5.3.1 Estimate our users size and usage pattern.

5.3.2 Store information about your preferences, and allow us to customize our platform according to your interests.

5.3.3 Speed up your searches.

5.3.4 Recognize you when you return to our platform.

5.3.5 Recall personal information previously provided by you.

5.3.6 Improve our platform and deliver a better and personalized service.

5.4 Instarto may use the services of certain third parties, for the purpose of operating and administering the platform. Such third party service providers may collect the information sent by your browser as part of a web page request, including cookies and your IP address and such information will be governed by the privacy policies of the third party service providers which ensure the same level of data protection, if not better, that is being adhered to by us.

6. Use of Information

6.1 We may use the user information or other information provided by you in the following ways:

6.1.1 Monitor, improve and administer our platform.

6.1.2 Remember information to help you efficiently access the platform.

6.1.3 Analyze how the platform is used, diagnose service or technical problems, maintain security.

6.1.4 Conduct audit, research and analysis.

6.1.5 To ensure that content from our platform is presented in the most effective manner based upon your interests.

6.1.6 Monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns.

6.1.7 To contact you to ensure user satisfaction with respect to your use of the platform.

 

6.1.8 To confirm your identity in order to ensure that you are eligible to use the platform.

6.1.9 To notify you about changes on our platform.

6.1.10 In relation to the functioning of any feature/service you access or have signed up for in order to ensure that we can deliver such features/services to you.

6.1.11 To provide you with information that you request from us, where you have consented to be contacted for such purposes.

6.1.12 To carry out our obligations arising from any contracts entered into between you and us as well as between us and third party service providers.

6.1.13 In relation to any issued query or requested information by you from us.

6.1.14 To enable us to comply with our legal and regulatory obligations.

6.1.15 In relation to any transaction entered by you on our platform to subscribe to services.

6.2 Personal Information that you provide towards creation of a publicly visible profile on our platform may be indexed by search engines (such as www.google.com and www.bing.com) and may appear in search results on such search engines.

6.3 We shall notify you if we intend to use your personal information or sensitive Personal Information for any use not covered herein or in such other additional terms of use or agreement that you sign with us. You will also be given the opportunity to withhold or withdraw your consent for your use other than as listed above.

7. Disclosure of Information

7.1 Except as provided for in this privacy policy, we shall not disclose / transfer your sensitive personal information to any third party without your prior consent, unless such disclosure / transfer:

1. is required under applicable laws or through a court order
2. is necessary for performance of a contract between Instarto and you and you have authorized us to share the sensitive personal information.

• as part of a corporate re-organization, merger, acquisition or sale of business

7.2 Third Party Disclosure:  We will share your personal information with third parties in the manner described below:

7.2.1   We may share your personal information with third parties authorized by you and in such an event, the third parties' use of your information will be bound by this policy or by their respective privacy policies which ensure the same level of data protection, if not better, that is being adhered to by us.

7.2.2   We may disclose your information to any member of our related or group companies including our subsidiaries, our ultimate holding company and its subsidiaries, as the case may be.

7.2.3  When you place a request for services provided on the platform or otherwise by us through third parties, we will share your personal information with those parties who are required for providing the services.

7.2.4  We may disclose your personal information to third-party service-providers, solely in the course of their provision of services to us. We will take reasonable precautions to ensure that these service-providers are obligated to maintain the confidentiality of your information

7.2.5   We may disclose your personal information, if  we are under a duty to do so in order to comply with any legal obligation, or to protect our rights, property, or safety, or those of our users, or other third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7.2.6   In the event that we sell or buy any business or assets, we may disclose your personal information, with your prior consent, to the prospective seller or buyer of such business or assets. User, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.

7.2.7   We may disclose your information, without your prior consent, to governmental and other statutory bodies who have appropriate authorisation to access the same for any specific legal purposes.

7.3   Instarto requires all third parties with whom it shares any sensitive personal information to implement the same level of data protection that Instarto has adopted, as provided for under the IT Rules.

8. Links to Third Party Sites

8.1  Our Website may, from time to time, contain links to and from the websites of our partner networks, affiliates and other third parties. The inclusion of a link does not imply any endorsement by us of the third party website, the website's provider, or the information on the third party website. If you follow a link to any of these websites, please note that these websites may be governed by their own privacy policies and we disclaim all responsibility or liability with respect to these policies or the websites. Please check these policies and the terms of the websites before you submit any information to these websites.

8.2   Similarly, our website can be made accessible through a link created by other websites. access to our website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to our website is necessarily the same or similar to the idea, concept, aim or purpose of  our website and/or our services or that such links have been authorized by us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon us consequent to such representation, its correctness or accuracy.

9. Storage and Security

9.1  Our databases are stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, We cannot guarantee its absolute security.

9.2  We endeavor to securely store all information we gather within databases controlled by us. However, we may store information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers.

9.3  The information that we collect from you may be transferred to, and stored at, a destination inside or outside India. By submitting your information on our platform, you agree to this transfer, storing and/ or processing. We will take such steps as we consider reasonably necessary to ensure that your information is treated securely and in accordance with this policy.

9.4 We use commercially reasonable safeguards to preserve the integrity and security of your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.

9.5  We assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security

9.6  In the event we become aware of any breach of the security of your information, we will promptly notify you and take appropriate action to the best of our ability to remedy such a breach.

9.7  In using the platform, you accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, your use of the platform will be at your own risk.

9.8  You agree to immediately report to us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.

9.9  Any sensitive personal data or information provided on the platform is encrypted using secure socket layer technology (SSL) while transferring such sensitive personal data or information.

10. Confidentiality

10.1  As a registered user with an account and a password, you are responsible for keeping your password confidential.

10.2  You may obtain certain confidential information, including without limitation, information related to other users or third parties including investors and companies and technical, contractual, product, pricing, business related functions, activities and services, customer lists, knowledge of customer needs and preferences, business strategies, marketing strategies, methods of operation, markets and other valuable information in relation to such users or third parties that should reasonably be understood as confidential (Confidential Information). You acknowledge and agree to hold all confidential information in strict confidence. Title and all interests to all confidential information shall be vested in us.

10.3  We provide access of personal information to employees, agents, advisors and consultants who we believe reasonably need to come into contact with that information to provide services to you or in order to do their jobs.

10.4  We will keep confidential and protect any and all information provided by you except where disclosure is required or permitted by law.

10.5  We do not intend to transfer personal information without your consent to third parties who do not agree to be bound to act on our behalf or under this privacy policy unless such transfer is legally required. Similarly, it is against our policy to sell personal information collected online without consent.

10.6  We may provide information, including personal information, to third-party service providers to help us deliver our services efficiently and effectively. Service providers are also an important means by which we maintain our platform and mailing lists. We will take reasonable steps to ensure that these third-party service providers are obligated to protect personal information on our behalf through confidentiality agreements and otherwise.

10.7  This policy does not apply to any information other than such information collected by Instarto through the platform. This policy shall not apply to any unsolicited information you provide us through this platform or through any other means. This includes, but is not limited to, information posted to any public areas of the platform. All such unsolicited information shall be deemed to be non-confidential and Instarto shall be free to use, disclose such unsolicited information without limitation.

10.8  The restrictions set out herein shall not apply to disclosure of confidential information if and to the extent the disclosure is:

1. required by the applicable law of any jurisdiction
2. required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law
3. made, by Instarto, to its shareholders, managers, advisors and affiliates
4. made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this policy.

10.9  You acknowledge and agree that any user information you provide directly or indirectly to another user of the platform, whether or not through the platform, may not be subject to the same security or confidentiality offered by Instarto and that Instarto shall not have any responsibility in respect of such information under this Policy even if it was provided through the  platform.

11. Indemnity
    You agree to indemnify and hold Instarto harmless from:
12. any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of any violation of the terms of this policy.
13. any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on your part.

• for fraud committed by you.

12. Severability
    We have made every effort to ensure that this policy adheres with the applicable laws. The invalidity or unenforceability of any part of this policy shall not prejudice or affect the validity or enforceability of the remainder of this policy

13.No Waiver
The rights and remedies available under this policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

14. Governing Law and Dispute Resolution

14.1  This policy shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Jaipur (Rajasthan), India shall have exclusive jurisdiction in relation to any disputes (defined below) arising out of or in connection with this policy subject to the provisions of this paragraph 13.

14.2  Any action, dispute or difference arising under or relating to this policy (Dispute) shall at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve the dispute in question within 15 (fifteen) days of the commencement of negotiations, such dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and rules prescribed thereunder. When any dispute is under arbitration, except for the matters under dispute, Instarto and you shall continue to exercise the remaining respective rights and fulfil the remaining respective obligations under this Terms of Use.

14.3  The arbitration shall be conducted by a sole arbitrator jointly appointed by Instarto and you. If parties fail to appoint an arbitrator within 30 days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Jaipur, India.

14.4  The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

14.5  You agree and acknowledge that the provisions of  Paragraph 10 (Confidentiality) are of importance to Instarto  and monetary compensation may not constitute adequate relief and remedy to Instarto for non-performance by you of your obligations thereunder. Accordingly, Instarto shall be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring you to perform your duties and obligations under such provisions.

14.6  In accordance with the Information Technology Act 2000, the name and the details of the grievance officer at Instarto is provided below. You may

1. request access to your sensitive personal data or information
2. report any grievances in relation to your sensitive personal data or information
3. any security breach in relation to your sensitive personal data or information; to the Grievance Officer.
   Anuj Dadhich & Email:[email protected]
4. Foreign Jurisdiction
   The rights and remedies available under this policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
5. Changes to the Policy
   We may update this policy to reflect changes to our practices. If we make any material changes we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of a notice on this platform upon the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. By using this platform and our services, you consent to the terms of this policy and to our use and management of User Information for the purposes and in the manner herein provided.
6. Contact

17.1  Please address any questions you may have about the collection, processing, usage, disclosure of your information in writing to us at [email protected]. You can always withdraw your consent for usage, processing of your information by us by writing to us at the address mentioned above.

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Investment in equity securities of startups is always accompanied by certain risk factors. Every investor should be aware that an investment in a startup company involves a high degree of risk. There can be no assurance that (i) a Startup will achieve its business plan. or (ii) an Investor will receive or recover any return on its investment.

The investor should take all reasonable steps, considerations including carefully evaluating the proposal before making an investment in a Startup:

1. Capital: Investments in startups involve a high degree of risk. There is no guarantee that any Startup will be successful and it may result in the Investor losing all the invested capital. Therefore, it is very crucial for the Investor to carefully analyze the risks that are involved before investing in a Startup.
2. Dividend/Return: Startups may not have huge profits to pay dividends. Startups generally prefer to reinvest the profits, if any, to grow and build market value.  Even for a Startup successfully earning profits, dividend pay-outs may be unlikely for a number of years from the time the Investor makes the investment. The investor is unlikely to get any return on his investment until the investor is able to sell its shares.
3. Inherent Risks:  The general economic conditions also play an important role for the success of any investment activity. There is significant impact positive and negative on profitability of start up’s depending on the availability, unavailability or unhindered operation of external credit markets, equity markets, stability in global economies, etc. The stability and sustainability of growth in global economies may be impacted by terrorism, acts of war or a variety of other unpredictable events. There can be no assurance that such markets and economic systems will be available or will be available as anticipated or needed for an investment in a Startup to be successful. Changing economic conditions could potentially, and frequently do, adversely impact the valuation of the Startup.
4. Regulatory Risks:  The investment may be subject to applicable laws of the Investor’s country of residence as well as the country where the relevant Startup is registered. The growth in the market value of the Startup may depend on the regulatory environment and a change in applicable laws to the Startup or the Investor may adversely affect the valuation of the investment, the ability of a Startup to succeed or the ability of an Investor to recover or obtain returns on his investment. The Investors are advised to seek adequate legal advice to familiarize themselves in this relation, prior to making investments in Startups.
5. Diverse Investors:  Investors in a Startup may have conflicting investment, tax, and other interests with respect to Startup investment, which may arise from the structuring of a Startup investment or the timing of a sale of a Startup investment or other factors. As a consequence, decisions made by the management of the Startup or other Investors on such matters may be more beneficial for some Investors than for others.
6. Performance of Startups (Future and Past) :   The past performance of a Startup or its management cannot be a reflection or a guarantee of its future results. There cannot be any  assurance that targeted results will be achieved. Each Startup’s future statements are based on assumptions and inherent risks.
7. Difficulty in Monitoring and Valuing startup Investments:  It is difficult to determine objective values for any startup. In addition to the difficulty of determining the magnitude of the risks applicable to a given startup, there generally will be no readily available market for a startup’s equity securities, and hence, an investor’s investments may be difficult to value. The Investor may not be able to obtain all necessary information it would want regarding a particular Startup, including the current value, on a timely basis or at all. It is possible that the Investor may not be aware on a timely basis of material adverse changes that have occurred with respect to certain of its investments.
8. Withholding and other Taxes:  There are many tax risks relating to investments in Startups. The structure of any investment in a Startup may not be tax efficient for any particular Investor, and no Startup guarantees that any particular tax result will be achieved. In addition, tax reporting requirements may be imposed on Investors under the laws of the jurisdictions in which Investors are liable for taxation or in which the Startup is located. Investors should consult their own professional advisors with respect to the tax consequences while investing in a Startup under the laws of the jurisdictions in which the Investors and/or the Startup are liable for taxation.
9.  Investors:  Investors in a Startup may have conflicting investment, tax, and other interests with respect to Startup investment, which may arise from the structuring of a Startup investment or the timing of a sale of a Startup investment or other factors. As a consequence, decisions made by the management of the Startup or other Investors on such matters may be more beneficial for some Investors than for others.
10. No Assurance for Additional Capital:  After an Investor has invested in a Startup, continued development and marketing of the Startup’s products or services, or administrative, legal, regulatory or other needs, may require that it obtain additional financing. Such additional financing may not necessarily be available on favorable terms, or at all.
11. Absence of Liquidity:  An Investor’s investments will generally be private, illiquid holdings. As such, there may be no readily available liquidity mechanism available for any of the investments. In addition, an investment in a Startup will not be freely transferrable, and involves a high degree of risk and low liquidity and should be viewed as aggressive long term investments. There is no public market for securities in a Startup until such Startup conducts an initial public offering, and it is not expected that a public market will develop. Consequently, an Investor will bear the economic risks of its investment till such time as it holds securities in the Startup. This means that the Investor is likely to see a return only upon the occurrence of a liquidity event or an exit. Therefore, understanding the exit strategy of a Startup is important.
12. Minority Investments:  A significant portion of an Investor’s investments will represent minority stakes in privately held companies. As is the case with minority holdings in general, the Investor will neither have control over the management of the Startup nor will they be given valuation premiums as is enjoyed by the majority or controlling stakeholders. In such cases, the Investors will be reliant on the existing management and board of directors of such companies, which may include representatives of other financial investors with whom the Investor is not affiliated and whose interests may conflict with the interests of the Investor. Investors in a Startup will not make decisions with respect to the management of the Startup, or other decisions regarding such Startup’s business and affairs.
13. Confidential Information:  Certain information regarding the Startups will be highly confidential. Competitors may benefit from such information if it is ever made public, and that could result in adverse economic consequences to the Investors.

The foregoing risks are only indicative in nature. It is recommended that you seek independent legal and tax advice and read the relevant investment documents carefully before investing in a startup.