Privacy Policy - Smart Risk, Steady Returns

Terms and Conditions for the use of Potoos

Potoos is a Risk management offered by Divine Investor Pvt Ltd to its client, (hereinafter referred to as Potoos ) having registered office at 16, Kambar street, New Perungalathur, Chennai – 600063.

Potoos is a Risk management platform that helps Client in Goal Setting and Automate the execution of his/her investments in line with the predefined Risk with option to choose from expert-created ideas for trading and investments. Ideas on Potoos are regularly monitored by Potoos. The Client can simply buy the ideas on Potoos in a click and enjoy the benefits of direct investing while at the same time get the benefit of expert advice in the form of what to buy or sell and in what quantities based in the defined Goals set by the individual.

Platform Services offered by Potoos

The investor will have to first open an account with Potoos through its online account opening process which will then act as an execution platform for buying or selling Ideas on Potoos which entails transactions on individual stocks in a pre-defined proportion/quantity. In doing so all the terms and conditions, rules and regulations shall be applicable which are otherwise applicable to clients using Potoos ’s execution services The users of Potoos shall be bound by these terms and conditions as mentioned on this webpage.

No Solicitation to Buy/Sell

Ideas on Potoos are not to be construed as a solicitation of an offer to buy/sell any security in any jurisdiction where such offer or solicitation would be illegal. Ideas on Potoos do not constitute a personal recommendation or take into account the particular investment objectives, financial situations, risk profile, and needs of individual clients. Clients are advised to take appropriate guidance from their Financial Advisers before investing in Ideas on Potoos.

All information present on the “Potoos” platform is to help investors and traders in their decision-making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy. Investors are responsible for their investment decisions and are responsible to validate all the information used to make the investment decision. The investor should understand that his/her investment decision is based on personal investment needs and risk tolerance, and performance information available on the “Potoos” platform is one among many other things that should be considered while making an investment or trading decision. Past performance does not guarantee future returns and performance of “Potoos” Strategies or ideas or any investment you make on the platform are subject to market risk. The contents and data available on the “Potoos” platform, “Potoos’s numbers and rationale are for information and illustration purposes only. Charts and performance numbers are back-tested/simulated results calculated via a standard methodology and do not include the impact of transaction fees and other related costs. Data used for calculation of historical returns and other information is provided by exchange approved third-party data vendors and has neither been audited nor validated by Potoos. Investors should be aware that system responses, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors. Trading in derivatives is extremely risky and can wipe out your entire capital and more.

Accounts, Passwords, and Security

To become a registered user, you must log in to Potoos with your Potoos credentials.

FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. We may hold you liable for any losses incurred by Potoos or any other party due to someone else’s use of your account or password. You agree to notify Potoos by writing to geetha@potoos.in immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. Potoos will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge.

Prohibited Activities

We use the term “Content” to mean entire or partial strategies, trading strategies, data transformations, data analysis, and manipulation functions, tools, software, data, databases, text, messages, images, graphics, video files, audio files, ideas or any other information and materials. We use the term “Shared Content” to mean the Content (other than third party data) that we, you, or other Registered Users of Potoos Limited post in publicly accessible areas of the Site and Services. Third-party data is subject to the terms and conditions of the provider of such data. Other than as provided at the end of this Section in respect of Shared Content, you acknowledge and agree that you will NOT:

i. Copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content accessible through the Site not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated data gathering or extraction tools, program, strategic or methodology, unless you obtain Potoos prior written consent; use the Site or Services to advertise, market, sell, or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly; use any engine, software, tool, agent or other device or mechanism to navigate or search the Site, other than the search engines and agents available through the Service and other than generally available third party web browsers; copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; access the Site or use the Services by any means other than through Potoosprovided or approved interfaces; transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another's right of privacy or publicity;

ii. post or transmit any material that contains a virus, worm, Trojan horse, or any other contaminating or destructive feature; post or transmit information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; use any of the Site’s or Service's communications features in a manner that adversely affects the availability of its resources to other users; post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resumé information such as opinions or notices, commercial or otherwise; access or use the Site or Services to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated under any such law; upload or transmit any material that infringes, violates or misappropriate any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party or violates a third party’s right of privacy or publicity; manipulate or otherwise display or obstruct portions of the Site and/or the Services by using framing or similar navigational technology; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Potoos product or Service if you are not expressly authorized by such party to do so;

iii. use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions; use the Site or the Services in any manner that could damage, disable, overburden or impair Potoos servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services; attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Potoos through hacking, password mining, brute force or any other means; obtain or attempt to obtain any Content through any means not intentionally made available as Shared Content through the Site or the Services; or knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time.

iv. use of any third-party services/software/mechanisms/tool/plugins/code injections on Potoos/Potoos website/app or any other Potoos/Potoos services.

LIMITATION OF LIABILITY

Subject to overall provision in paragraph above, you expressly understand and agree that Potoos, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

Any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services; Any changes which Potoos may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; Your failure to provide Potoos with accurate account information

EXCLUSION OF WARRANTIES

Nothing in these terms shall exclude or limit Potoos ’s warranty or liability for losses that may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "As is" and “as available.” In particular, Potoos, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: Your use of the services will meet your requirements, Your use of the services will be uninterrupted, timely, secure or free from error, Any information obtained by you as a result of your use of the services will be accurate or reliable, and That defects in the operation or functionality of any software provided to you as part of the services will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Potoos or through or from the services shall create any warranty not expressly stated in the terms. Potoos further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

REFUND POLICY & SUBSCRIPTION CANCELLATION

For paid services - you can choose from a monthly / Quarterly / annual plan and choose to pay using our payment gateway through multiple payment methods. No refunds shall be granted once payment is made. Standard Disclaimers All investments in equities are inherently subject to market risks which may not lead to expected returns and sometimes even result in negative returns or loss of complete capital. Financial markets are prone to multiple risks like politics, economics, social, global environment, stock-specific risks, and black swan types of events which may lead to suboptimal returns via Potoos, Potoos research does not assure that it will be able to control or mitigate or comprehend all such risks. Clients, therefore, must understand such risks, and their ability, willingness, and capability to take risks must be assessed by themselves before investing via Potoos.

Alteration and Modification

Potoos reserves the unqualified and unlimited right to amend, modify, alter, edit, delete, suspend or discontinue, temporarily or permanently, Potoos or any portion thereof and/or the information, statistics, services, and/or materials contained and provided on Potoos or any part thereof, with or without prior notice. Members and Viewers understand and agree Potoos shall not be liable in any manner whatsoever to them or to any third party for any such amendment, modification, alteration, editing, deletion, suspension or discontinuance of Potoos.

Privacy policy

This Privacy Policy outlines how Potoos ("we," "our," or "us") collects, uses, discloses, and protects the personal information of visitors ("users," "you," or "your") to our website https://Potoos.in in relation to the services we provide, particularly stock recommendations. We are committed to protecting your privacy and ensuring the security of your personal information. By using our Website and services, you consent to the practices outlined in this Privacy Policy.

Information Collection and Use We collect various types of information to provide you with stock recommendations effectively and improve your user experience:

Personal Information

When you sign up for our services, we may collect personal information such as your name, email address, and contact details. This information is used to identify you and communicate with you.

Financial Information

We may ask for certain financial information to understand your investment goals and risk tolerance. This information helps us tailor our recommendations to your preferences.

Website Usage Information

We may collect non-personal information such as your IP address, browser type, device information, and pages visited. This data is used to analyze trends, administer the Website, and enhance user experience.

Use of Information

We use the collected information for the following purposes:

Providing personalized stock recommendations based on your preferences and risk profile. Sending you relevant updates, newsletters, and information about our services. Improving our Website, services, and user experience. Analyzing user behavior and trends to enhance our offerings.

Data Sharing and Disclosure We do not sell, rent, or lease your personal information to third parties. However, we may share your information in the following cases:

Service Providers

We may engage third-party service providers to assist with our operations, such as email delivery, data analysis, and customer support. These providers have access to the necessary information to perform their functions on our behalf and are obligated to maintain its confidentiality.

Legal Compliance: We may disclose your information to comply with legal obligations, respond to legal processes, or protect our rights, privacy, safety, or property, as well as that of our users.

Consent We may share your information with third parties if you provide explicit consent for such sharing.

Security

We employ industry-standard security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is entirely secure. We strive to protect your data but cannot guarantee its absolute security.

Your Choices

You have the right to:

Access, update, or correct your personal information by logging into your account. Opt out of receiving promotional emails by following the instructions in the email. Close your account at any time, which will result in the deletion of your personal information, subject to legal requirements.

Changes to this Privacy Policy We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any changes will be posted on this page, and we encourage you to review the policy periodically.

Contact Us

If you have any questions or concerns regarding this Privacy Policy or our data practices, please contact us at geetha@Potoos.in.

By using our Website and services, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.

Taxation Laws

The Client agrees and understands that actual returns earned on Potoos are subject to applicable taxes as per their own profile under the Indian Income Tax Act which they are solely responsible to comply with the same. However, Potoos has not considered at all such Tax component at the time of recommendation of ideas.

Force majeure

Potoos shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government/regulatory action.

Jurisdiction

This is a legally binding contract between Potoos and the client using the services of Potoos App/Website. By using the services of Potoos, the client gives his/her/its consent to abide by all the terms and conditions at all times. Terms are to be construed as per prevailing laws of India. Both Parties submit to the jurisdiction of Mumbai, India for any disputes arising hereunder. The acceptance Date of these agreements shall be online on the date of the First Download of the Potoos app or Execution of Potoos on the website.

Clauses for users who choose Trade Automations

System Lapses:

a. Potoos acknowledges that system lapses or technical issues may occur, which can result in the non-placement of trades or delayed execution of trades. Potoos will make reasonable efforts to minimize such lapses and rectify them promptly. However, Potoos shall not be held liable for any losses or damages incurred by the Client due to system lapses or technical issues.

Price Difference for Different Users:

a. The Client acknowledges and understands that when orders are placed at the market price, there may be price differences experienced by different users. This can occur due to variations in market conditions, order execution timings, and other factors. The Client agrees that Potoos shall not be responsible for any price difference or discrepancies that may arise among users when executing trades at the market price.

Right to Stop Service:

a. Potoos reserves the right to stop providing the trade automation service at any time, subject to serving a prior notice to the Client. The notice period for service termination will be communicated to the Client through appropriate channels, including but not limited to the Potoos website, app, or email communication. In the event of service termination, Potoos shall not be liable for any losses, damages, or inconvenience caused to the Client.

These additional clauses are to be considered as an extension of the existing terms and conditions and will be binding upon the Client's acceptance and continued use of Potoos's services.

Introduction

Potoos.in is provided by Divine Investor Pvt. Ltd.

Potoos is a Risk management platform that empower the individuals with required tech stack for Goal Setting, Better Execution and Risk controls over a active subscription period. Through this platform, we’ve made access to quantitative and qualitative investment advisory from SEBI registered Analysts and Advisors. Users can subscribe to the platform for fixed time periods as available in the website. Signals generated by the selected analysts or advisors during the subscription period can be executed through your preferred broking account.

Agreement / Terms of Use

These Terms of Use constitute a legally binding agreement between Divine Investor Pvt Ltd. provider of Potoos.in, "us" or "we" and you (“you”), the individual logging in to Potoos

or using its services without logging in, sets forth the terms and conditions that govern your use of Potoos.in (the "Site" referred as Platform) and/or any related services (the "Services") accessed through the Potoos platform.

We refer to these Terms of Use as the “Agreement.” We may update or amend these Terms of Use from time to time by posting such updates or amendments to the Site. Your use of the Site after we post any such updates or amendments will constitute your agreement to those updates or amendments.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE ACCESSING THE SITE OR USING ANY OF THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES AND SHOULD IMMEDIATELY CEASE SUCH ACCESS AND USE.

Disclaimer

Investment

You acknowledge and understand that the Services of Potoos are not intended to supply investment, financial, tax or legal advice. The Services are not investment advice and any observations concerning any security, trading algorithm or investment strategy provided in the Services is not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We offer no advice regarding the nature, potential value, risk or suitability of any particular investment strategy, trading algorithm, transaction, security or investment. You acknowledge and agree that any use of the Services, any decisions made in reliance on the Services, including any trading or investment decisions or strategies, are made at your own risk. If investment, trading or other professional advice is required, the services of a competent, licensed professional should be sought. No employee, agent or representative of Potoos is authorized to provide any such advice pursuant to this Agreement, and any such advice, if given, is in violation of Potoos's policies, and unauthorized and hence should not be relied upon.

The services referred to in our site may have tax consequences and it is important to bear in mind that we do not provide tax advice. The level of taxation depends on individual circumstances and such levels and bases of taxation can change. You should consult your own tax advisor in order to understand any applicable tax consequences.

Potoos has developed, verified the results and provided the reports of back test results. You are Solely Responsible for verifying the Accuracy of a trading strategy by carefully going through the back tests. The quality of the product's analysis and optimization depends on past data modelling and has deviations from real time results owing to the nature of back testing and data provided by our vendors. After deployment, alerts have been made available in the product to ease expedite your entry of the position, and you, as user of the system, are solely responsible for its usage. As such, you must carefully review all back test reports in all ways necessary to ensure their accuracy and fidelity. While there are other factors governing analysis and optimization accuracy, the quality of the product outputs depends on the quality of data that we model. The trades generated by the Service may increase beyond what is practical to execute, due to broker execution limits and the difficulties in executing a complex trade in an all-or-none fashion. Moreover, once the trade is executed, the management of a complex trade becomes more difficult than is normally the case. Another factor is that you may not be authorized to execute all contract types found in the solutions generated. Potoos makes no representation that a solution generated by the Service can be executed and effectively monitored and managed in practice. It is entirely your responsibility to assess the appropriateness, suitability, and practicality of the solutions generated by the optimizer. It is your responsibility to ensure the trade is executable and manageable, and appropriate for your needs.

Back test methodology

A back test means testing an algorithm/strategy on historical data and approximating its profitability. Historical returns, expected returns, and probability projections are provided for informational and illustrative purposes, and may not reflect actual future performance due to certain assumptions in the back test results that might not hold true during live trading.

Charts and performance numbers are back tested/simulated results calculated via a standard methodology that includes certain assumptions.

Here are a few assumptions that have been used while back testing strategies/algorithms displayed on Potoos

The illustrated returns incorporate a constant transaction cost as a percentage of turnover. This might vary in live trading depending on state specific charges and delay in execution of alerts. No actual money was invested or trades were executed while calculating the algorithm’s performance. Returns are calculated from historical data from third party vendors. Profits are not reinvested however losses are accounted for. Performance and risk scores are derived from our in-house metrics, which try to best approximate a strategy’s profitability and risk. These should not be considered investment recommendations in any way and are provided for informational and illustrative purposes.

Dividends earned while a stock is held by an algorithm during the back test period are not included in the illustrated results.

All information present on the Potoos platform is to help investors in their decision-making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy. Investors are responsible for their investment decisions and are responsible to validate all the information used to make the investment decision. Investor should understand that his/her investment decision is based on personal investment needs and risk tolerance, and performance information available on the Potoos platform is one among many other things that should be considered while making an investment decision.

Past performance does not guarantee future returns and performance of algorithms/strategies is subject to market risk and several other risks mentioned in the below mentioned risk disclosure document.

Execution alerts

Once the strategy is live and an alert is generated based on the conditions in the strategy, our systems attempt to deliver the alert to the user over the internet. By using this service, the user acknowledges they understand that the alerts' delivery is dependent on many factors such as the internet connection of the user, location, time of the day, server load, data availability etc.

We recommend users to be logged in to Potoos.in, keep it open in their Android/iOS app and maintain a fast uninterrupted internet connection to their devices to see the best alerts delivery.

Potoos relies on third party services for market data eg. Kite (Zerodha Trading Platform) for ticks, OHLCV etc. If these services are down due to unforeseen circumstances or experience a down time due to various technical / non-technical issues, Potoos might not be able to generate and deliver the actionable alerts on time or at all.

Once a signal is generated, we try to send this signal to the user's device over the internet. The delivery of these alerts is subject to network conditions of the user, internet services and technical issues.

Accurate and complete real-time price data is critical for the success of trading. Our service providers or systems that provide data could experience failures, errors, lag, and latency which could result in missing, incorrect, or stale market data leading to no/wrong signals(alert) while triggering an alert.

All actionable order alerts are read-only alerts, where with a single click the user can send the order to the exchange. The actionable order alerts are made read-only in order to obtain consistency in the deployed and back test results and to avoid any drastic increase in risk. If on any scrip / instruments such as Stock, Futures, Currency Futures etc., there is high volatility due to news based or non-news based or any speculative events / positions, Streak is not responsible for higher slippages. You understand that volatility is the nature of the market.

Upon clicking on buy/sell on the order window, based on user’s network speed, a network latency can be experienced and any rapid clicks on the buy/sell button through same or different windows can lead to multiple order placements. Users take full responsibility on making sure the actions on the notifications are their own actions and are fully aware of their positions and strategy status when clicking on the buy/sell button. Potoos is not responsible for any profits/losses incurred due to the user’s failure to acknowledge or execute the alerts. Potoos expects the user to be aware of the consequences that arise due to missing the alerts, (Eg. downsizing of positions in the subsequent alerts due to unforeseen losses)

Risk Disclosure

Using Services on the platform, presents several different types of risk. We have summarized these below. You should read and understand these risks before you use any of Potoos (Potoos.in)’s services.

Loss of invested money All the information provided on the website regarding the product are derived from back tested results. Past performance does not guarantee future performance. Use of any product/service provided by us, involves significant risks and potential for financial losses. The service provided by us are not investment advice and any observations concerning any security, trading algorithm or investment strategy provided in the Services is not a recommendation to buy, sell or hold such investment or security or to make any other investment decisions. We would not be responsible for any profit/losses incurred by using the products/services provided on our website.

Internet and Mobile technology risk

The product/services provided by the website uses internet and is susceptible to all risks related to the technology.

The alerts generated by our system are communicated over the internet and sometimes by mobile SMSs. By using this service, the user acknowledges they understand that the alerts' delivery is dependent on many factors such as the internet connection of the user, location, time of the day, server load, data availability etc. We rely on third party services for market data for ticks, OHLCV etc. If these services are down due to unforeseen circumstances or experience a down time due to various technical / non-technical issues, We might not be able to generate and deliver the actionable alerts on time or at all.

Upon clicking on buy/sell on the order window, based on user’s network speed, network latency can be experienced and any rapid clicks on the buy/sell button through same or different windows can lead to multiple order placements. Users take full responsibility on making sure the actions on the notifications are their own actions and are fully aware of their positions and strategy status when clicking on the buy/sell button.

Live trading related risk All actionable order alerts are read-only market order alerts, where with a single click the user can send the order to the exchange. The actionable order alerts are made read-only in order to obtain consistency in the deployed and back test results and to avoid any drastic increase in risk. If on any scrip / instruments such as Stock, Futures, Currency Futures etc., there is high volatility due to news based or non-news based or any speculative events / positions, We are not responsible for higher slippages. You understand that volatility is the nature of the market.

Time lag at various point in live trading might cause unexpected behaviour. The time lag between the actionable alert generation time, the time at which you receive the actionable alert, and the time at which you take action on the alert, can cause a delayed order placement in the market, lead to cancellations, and cause you loss (or fail to gain profits) and may deliver unanticipated results vastly different from the back test results.

The relevant market might fail or behave unexpectedly. Market centres in which you seek to implement your trading strategy may fail or behave incorrectly because of technical reasons relating to infrastructure, connectivity, and similar factors. Your orders placed might suffer from adverse market conditions. Those conditions can include lack of liquidity, and abrupt and unwarranted price swings. Also possible are late market openings, early market closings, market chaos, and mid-day trading pauses, and other such disruptive events.

Your broker may experience failures in its infrastructure, fail to execute your orders in a correct or timely fashion or reject your orders. In addition, even if our infrastructure or your broker's infrastructure and API are working correctly, the orders may get rejected in error or by design, incorrectly execute orders, or induce errors through unexpected behaviour (such as returning messages out of sequence, incorrectly acknowledging orders, or posting incorrect execution reports). If at all, any losses arise from these risks, Potoos bears no responsibility for this.

The systems of third parties in addition to those of the provider from which we obtain various services, your broker, and the applicable securities market may fail or malfunction. The operations of these third parties are beyond all of our reasonable control. Regardless of the reason for any failure by your broker, the market in which you seek to have trades executed, or these other third parties, we will not have any liability for any such failure. The systems of these data providers could experience failures, errors, and latency, which could result in missing, incorrect, or stale market data.

In addition to all of the risks described above, live trading is subject to the following types of types of risk:

i. Backtesting Cannot Assure Actual Results.

It is not possible for a computer model to truly predict what might have happened if an Algo-based trading strategy was in play in a live trading environment. For example, the implementation of such a strategy can itself have an impact on the market, and the model may fail to account for real-life factors that impact the model. Moreover, the model may fail to account for execution costs including broker commissions, fees, and trading slippage. A promising model result does not necessarily predict a successful strategy. Execution of the Algo and the performance of that code may prove to be impossible in a live trading environment. Changes in various market factors not foreseen in a model can change, causing a strategy to fail. A back test might be over-fitted to past data, and fail when the strategy is applied to new, live data. Orders that were executed correctly in the back testing environment may be disallowed or rejected because of various reasons eg: margin requirement, illiquid stocks etc causing the Algo to fail or otherwise not perform as expected. Attempts to create, exit, or cancel orders might fail, or might result in unexpected outcomes. Moreover, your Algo might not handle market conditions that cannot be reasonably anticipated, i.e., a ‘flash crash’ or an exchange outage. These market conditions, by definition, will not have been tested.

ii. The relevant market might fail or behave unexpectedly. Market centres in which you seeking to implement your trading strategy may fail or behave incorrectly because of technical reasons relating to infrastructure, connectivity, and similar factors. Your algo might suffer from adverse market conditions. Those conditions can include lack of liquidity, and abrupt and unwarranted price swings. Also possible are late market openings, early market closings, market chaos, and mid-day trading pauses, and other such disruptive events.

iii. Your broker may experience failures in its infrastructure, fail to execute your orders in a correct or timely fashion or reject your orders. Potoos infrastructure on which you are running your algo might fail. In addition, even if Potoos infrastructure or your broker's infrastructure and API are working correctly, the orders may get rejected in error or by design, incorrectly execute orders, or induce errors through unexpected behaviour (such as returning messages out of sequence, incorrectly acknowledging orders, or posting incorrect execution reports). If at all, any losses arise from these risks, Potoos bears no responsibility for this.

iv. The system you use for generating trading orders, communicating those orders to your broker, and receiving queries and trading results from your broker may fail or not function in a correct or timely manner. Latency (i.e., delays) within and between your system, as well as those of your broker and the market in which you seeking to affect trades, might cause orders, corrections, and cancels to be placed or not placed in ways that are not desired. You may receive incorrect information, or be unable to get information, about your orders, your positions, or market conditions. Incorrect actions may be taken, or correct actions may not be taken, because of inaccurate or missing information. In addition, you may be unable to terminate or edit your algo

v. Time lag at various point in live trading might cause unexpected behaviour. The time lag between the actionable alert generation time, the time at which you receive the actionable alert, and the time at which you take action on the alert, can cause a delayed order placement in the market, lead to cancellations, and cause you loss (or fail to gain profits) and may deliver unanticipated results vastly different from the back test results.

vi. The systems of third parties in addition to those of the provider from which we obtain various services, your broker, and the applicable securities market may fail or malfunction. Algo trading depends on the availability of various services from third parties in addition to your service provider and your broker. These, for example, include providers of data services, computational services, and network connectivity. The operations of these third parties are beyond all of our reasonable control. Regardless of the reason for any failure by your broker, the market in which you seek to have trades executed, or these other third parties, we will not have any liability for any such failure. Accurate and complete real-time price data is critical for the success of Algo trading. The systems of these data providers could experience failures, errors, and latency, which could result in missing, incorrect, or stale market data.

vii. Malicious and criminal activities might cause your strategies and strategy to fail or your brokerage account to be compromised. All computers and networks are subject to malicious ‘hacking’ attacks and criminal activities designed to misappropriate intellectual property, compromise personally identifiable information, steal funds, or any combination of such purposes. These attacks might be attacks on a target of opportunity or specifically targeted. Each of the various systems described above that are necessary for you to engage in live Algo trading is subject to such attack. Any such attack could cause the system so attacked to function improperly or not at all and could result in the misappropriation of your intellectual property, the compromise of your personally identifiable information and personal financial information, the theft of your funds and can cause your strategy be misbehave, malfunction or behave erratically.

ANY PERMUTATION OR COMBINATION OF THE OCCURRENCE OF THE POTENTIAL EVENTS THAT DEFINE THE RISKS DESCRIBED IN THIS DISCLOSURE STATEMENTS CAN LEAD TO A TOTAL OR PARTIAL LOSS OF OPERABILITY, RESPONSIVENESS, FUNCTIONALITY, AND FEATURES THAT COULD MATERIALLY AND ADVERSELY AFFECT YOUR USE OF Potoos.IN

Other terms and conditions Use of services: Unless otherwise specified, Potoos grants you a non-exclusive and non-transferable limited right and license to access the site Potoos.in. The Services provided on this platform (Potoos.in) is for your personal use only, provided that you agree with and comply fully with the provisions of this Agreement. Certain features of the Site or Services are available only to users who have an account with Zerodha/Upstox. The complete customer facing features of Potoos.in is available only by paying a premium depending on the plans available.

You acknowledge and understand that our platform hosts trading strategies, their back test reports, and live alerts during market hours. Potoos is not promoting any strategy or indicator, this is just an algorithmic implementation of the strategy, the description of which is already provided in the strategy's description page.

You further acknowledge and understand that you are supposed to do your own analysis and research before entering a trade, and that you are responsible for your own accord if trades taken from our platform result in any profits/losses occurred.

Accounts, Passwords and Security: To become a registered user, you must register with the platform to get login credentials. We are eligible to know your current, complete and accurate personal identifiable information, including, without limitation, your real name and the email address through which we can correspond with you and the telephone number, as prompted by the applicable registration form. You further agree to keep any registration information you provide to us. current, complete and accurate.

FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. We may hold you liable for any losses incurred by Potoos or any other party due to someone else’s use of your account or password. You agree to notify Potoos by writing to geetha@Potoos.in immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. Potoos will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge.

Prohibited Activities

We use the term “Content” to mean entire or partial strategies, trading strategies, data transformations, data analysis and manipulation functions, tools, software, databases, text, messages, images, graphics, video files, audio files, ideas or any other information and materials. We use the term “Shared Content” to mean the Content (other than third party data) that we, you, or other Registered Users of Potoos post in publicly accessible areas of the Site and Services. Third party data is subject to the terms and conditions of the provider of such data. Other than as provided at the end of this Section in respect of Shared Content, you acknowledge and agree that you will NOT:

i. Copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content accessible through the Site not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated data gathering or extraction tools, program, strategy or methodology, unless you obtain Potoos prior written consent; use the Site or Services to advertise, market, sell, or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly; use any engine, software, tool, agent or other device or mechanism to navigate or search the Site, other than the search engines and agents available through the Service and other than generally available third party web browsers; copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; access the Site or use the Services by any means other than through Potoos provided or approved interfaces; transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another's right of privacy or publicity;

iii. use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions; use the Site or the Services in any manner that could damage, disable, overburden or impair servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services; attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Potoos through hacking, password mining, brute force or any other means; obtain or attempt to obtain any Content through any means not intentionally made available as Shared Content through the Site or the Services; or knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time.

Subscription Policy Subscription fee once paid is non-refundable. The billing cycle varies from algorithm to algorithm. There isn’t a cancellation option on Potoos, the subscription period is fixed and isn’t auto renewed post expiration, hence the billing isn’t recurring. As a policy we do not refund subscription fee once paid.

We bill you as an when you buy the algorithm.

Notwithstanding anything contained herein, Potoos reserves the right to cancel any user (your) subscription anytime with or without prior notice to the client (you).

Intellectual property and trademark:

The Website Potoos.in, its general structure, its live feeds, pre coded trading strategies, their back test result as well as text, animated or non-animated images, know-how, drawings, graphics, as well as the look and feel of the site, for everyone are and shall remain the exclusive property of Potoos. You are only entitled to view information for your private use only. You may not reproduce, by any means, or process, in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the site. Any total or partial representation of this site by any process without the express authorization of the operator of the Website is prohibited and legal action will be enforced punishable by law.

Back testing and data:

Back testing results are hypothetical and are simulated on historical data. The performance results have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. These trades have not actually been executed, these results may have under-or over-compensated for the impact, especially when we have lack of liquidity in the market or news driven events or any other conditions. Simulated or hypothetical trading strategies in general is also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those back tested.

In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading Strategies in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific Strategies trading which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

Chart data is subjected to minor variations from market time to post market times due to standard data adjustments.

Electronic Communications

You acknowledge and understand that (a) we can only give you the benefits of accessing the Site and using the Services by conducting business through the Internet and mobile networks, and therefore we need you to consent to our giving you Communications (defined below) electronically, and (b) this Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you: (i) consent to receive communications from us in an electronic form and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications “Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights

Indemnification

You agree to indemnify, defend, and hold Potoos, the exchange (National Stock Exchange, Bombay Stock Exchange), Potoos the owner of Potoos.in, and its subsidiaries, affiliates, officers, directors, agents, co-branders, sponsors, distributors, or other partners, employees, and representatives harmless from and against any and all claims, demands actions, causes of action, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise or relate, directly or indirectly, out of, from or to(i) your breach of this Agreement or violation of any applicable law or regulation, (ii) any allegation that any materials that you submit to Potoos infringe, misappropriate, or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, or any other rights of a third party, or (iii) access or use of the Site and/or the Services by you or anyone using your Potoos. account. This section shall survive in the event this Agreement is terminated for any reason.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRDPARTIES. NEITHER Potoos NOR ITS DIRECTORS, OFFICERS, EMPLOYEES,CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FORANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUTOF OR RELATING IN ANY WAY TO (I) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SITE OR THE SERVICES; (II) ANY CONTENT CONTAINED ON THE SITES ANDOR THE SERVICES; (III) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (V)ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (VI) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS,ERRORS,INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACKUP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, OR (VII) ANY OTHER FAILURE OF PERFORMANCEOF THE SITE OR SERVICES OR OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CONTROL OF OUR DIRECTORS, OFFICERS, EMPLOYEES,CONTRACTORS, AGENTS OR SPONSORS, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE OR SERVICES OR CONTENTSTORED THEREIN. IN NO EVENT SHALL Potoos TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR STATUTORY, OR OTHERWISE) EXCEED ONE RUPEE (RS1.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMITLIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Force majeure

Potoos Fintech shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government/regulatory action.

Use of Internet

The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc., which are susceptible to interruptions and dislocations; and the Online Trading Service of Potoos.in may at any time be unavailable without further notice. Upon clicking on buy/sell on the order window, based on client's network speed, a network latency can be experienced, and any rapid clicks on the buy/sell button through same or different windows can lead to multiple order placements. Clients take full responsibility on making sure the actions on the notifications are their own actions and are fully aware of their positions and strategy status when on the buy/sell button. Potoos does not make any representation or warranty that its services will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Exchange or Potoos on account of any suspension, interruption, non-availability or malfunctioning of Service of Potoos or the Exchange's service or systems for any reason whatsoever

Modification of terms

We may, at Our sole discretion, change, modify, add, or remove portions of these Terms and the Services from time to time without any prior written notice to You. We may do this for a variety of reasons including to reflect changes and requirements under the law, new features, or changes in business practices. It is Your responsibility to review these Terms periodically for updates/changes. Your continued use of the Services following the posting of changes will be deemed as Your acceptance of the revisions and that You agree to such amended Terms.

Refund & Cancellation Policy For paid services

you can choose from a monthly/quarterly/ annual plan and choose to pay with our payment portal. On date of renewals your payment mode shall be changed. You can cancel your subscriptions at any time. Charges shall auto-renew until cancelled before next renewal date.

No refunds shall be granted once payment is made.

Contact us Email: geetha@Potoos.in Contact no: +919841741237, Address: 16, Kambar street, New Perungaalthur, Chennai 600063, Tamilnadu, India