Terms of Use

The objective of these Terms of Use (“Terms”) is to inform You (defined below) of the terms that apply to Your (defined below) access/use of the FINCORPx Platform (defined below), what White AI Analytics Private Limited (“FINCORPx”; “White”; “WAAPL”; “FCX”; “We”; “Company”; “Our” or “Us”, as the context requires, and includes its affiliates and assigns) expect of You and what You can expect from Us (defined below) as You use and interact with the FINCORPx Platform provided by Us.

The FINCORPx Platform (defined below) enables Business Professional, Tax Payers, Chartered Accountants, Tax Practitioners and other Professional Consultants to manage GST compliance for their clients. The FINCORPx Platform shall assist Users in managing the filing of GST returns along with other incidental or additional GST services on the GST portal.

These Terms are an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable and as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms are published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended in 2022 framed under the Information Technology Act, 2000 (as amended from time to time).

BY USING OR INSTALLING ANY PART OF THE SERVICE, THE USER EXPRESSLY AGREES TO AND CONSENTS TO BEING IRREVOCABLY BOUND BY THIS AGREEMENT AND ALL OF THE TERMS SET OUT HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT AVAIL ANY SERVICES OFFERED ON THE FINCORPX PLATFORM.

These Terms govern the User's use and/or access to the FINCORPx Platform. These Terms form an integral part of, and will be read in conjunction with our Privacy Policy.

Disclaimer - FINCORPx AI

This disclaimer provides important information regarding the FINCORPx AI feature available on our platform. Please read this disclaimer carefully before using this feature.

FINCORPx AI is designed to provide general guidance and information related to GST matters. However, please note the following important limitations:

• Not Professional Tax Advice: The information provided by FINCORPx AI is for general informational purposes only and should not be considered professional tax, legal, or accounting advice. Users are advised to seek appropriate legal opinion from qualified professionals before implementing the same.
• No Guarantee of Accuracy: While we strive to provide accurate and up-to-date information, FINCORPx AI relies on automated systems that may not account for all nuances of tax law or your specific circumstances.
• No Liability: We expressly disclaim all liability for any actions taken or not taken based on information provided by FINCORPx AI. Users rely on this information at their own risk.
• Verify Results: Users should independently verify, preferably from a qualified professional, any information or suggestions or results provided by FINCORPx AI before making business decisions or tax filings.
• Subject to Change: Tax laws, regulations, and interpretations are subject to frequent changes. Information that was accurate at one point may become outdated.

Definitions

• “GST” refers to Goods and Services Tax as per the Goods and Services Tax Act, 2017 and related laws in India.
• “FINCORPx Platform” means the Website (www.fincorpx.in) and mobile application and all associated services, features, and content.
• “Service(s)” shall mean the services provided by FINCORPx including GST Reports Download, GST Reconciliation, Notice Management, GST filing, and providing support to Users.
• “User”, “You”, “Your” shall mean a natural person or legal person that registers on the FINCORPx Platform and/or transacts or avails Services.

Eligibility

The FINCORPx Platform must be accessed/used only by persons above 18 (eighteen) years of age and who can enter into legally binding contracts with Us in accordance with the Indian Contract Act, 1872. Your use or access of the FINCORPx Platform shall be treated as Your representation that You are competent to contract.

Note: The FINCORPx Platform shall be accessed and used by Users solely for their legitimate business requirements related to GST compliance management.

Registration and Access

To access and use the FINCORPx Platform and Services, You must register on the FINCORPx Platform. You must provide true, accurate, current and complete information at all times. You are advised to keep the credentials of the User Account in confidence as You will be solely responsible for the activities on the User Account.

You shall be responsible at all times for keeping Your information updated and for maintaining the safety and confidentiality of the username, password and any other information pertaining to the User Account. FINCORPx will not be liable for any mistake or misuse of User Account.

You will be responsible and shall indemnify Us against any liability, costs or damages arising in connection with: (a) providing false, incorrect or misleading information; (b) compromise of User Account credentials; (c) wrong details filed with GST department; and (d) incorrect reconciliation report generated on the FINCORPx Platform.

GSTN Credentials and Authorization

By providing your GSTN username, password, and GST number for the purpose of using our Services, you expressly authorize FINCORPx to:

• Store these credentials (only username) in an encrypted format to facilitate your use of our Services
• Use API access to access GST portal on your behalf to download reports, file returns, and perform other GST-related actions as requested by you
• Prefill GST details for easy filing and to simplify your workflow

You can revoke this access at any time by changing your GSTN password or by contacting our support team.

Data, API Integration, and Security

We integrate with third-party APIs to provide our services. We employ the use of cookies on the FINCORPx Platform to enable and enhance functionality and ease of use for Users.

Data Protection and Encryption: Our platform is Payment Card Industry (PCI) Data Security Standard (DSS) certified and we adhere to ISO 27001 standards. Data transferred via the Sites is encrypted. However, you acknowledge that internet transmissions are inherently insecure and all data transfers occur openly.

Data Localization: We maintain all data obtained in the course of providing our services exclusively within the geographical boundaries of India.

Pre-filled Information

For your convenience, the FINCORPx platform prefills GST details and certain passwords to facilitate easy access and navigation. By using our platform, you acknowledge that:

• The accuracy of prefilled information should always be verified by you before submission
• You remain responsible for the accuracy of all information submitted through our platform
• We make no warranties regarding the completeness or accuracy of any prefilled information

GST Calculations and Reconciliations

The FINCORPx platform provides various GST reconciliation tools and calculations. While we strive for accuracy:

• All calculations are based on the data available through the GST portal and information you provide
• We recommend verifying all calculations before making any filings or business decisions
• We do not accept liability for any errors resulting from incomplete or inaccurate input data

Content

Unless specifically permitted by the User, usage of the Services does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the content created and/or stored in the User Account. Notwithstanding the above, the User grants Us the permission to access, copy, distribute, store, transmit, reformat, or disclose the data/content of the User Account for the purpose of providing the Services requested/availed by the User.

User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:

• belongs to another person and to which the User does not have any right
• is grossly harmful, harassing, blasphemous, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
• infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party
• violates any law for the time being in force
• impersonates another person
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the FINCORPx Platform
• is prohibited under applicable law(s) for the time being in force including the Bharatiya Nyaya Sanhita, 2023
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence

You are also prohibited from:

• violating or attempting to violate the integrity or security of the FINCORPx Platform or any Content thereto
• transmitting any information on or through the Platform that is disruptive or competitive to the provision of Service(s) by FINCORPx
• making any unsolicited communications to other Users
• using any engine, software, tool, agent or other device or mechanism (such as spiders, crawlers, robots, avatars or intelligent agents) to navigate or search the FINCORPx Platform
• attempting to decipher, decompile, disassemble or reverse engineer any part of the FINCORPx Platform
• copying or duplicating in any manner any of the content or other information made available from the FINCORPx Platform

Third-Party Links

The FINCORPx Platform may refer to or may contain, links to third-party websites, applications, services and resources. We provide these links only as a convenience to the User to avail certain services and should not be construed as an endorsement of these third-party websites applications and services by FINCORPx. We make no representation or warranty of any kind regarding the accuracy, reliability, effectiveness, or correctness of any aspect of any third-party services. The User is responsible for reading and understanding the terms and conditions and privacy policy that applies to the User's use of any third-party services.

Malicious Behaviour

The FINCORPx Platform shall not allow any party and/or entity that steal data, secretly monitor or harm Users, or are otherwise malicious. Therefore, the following are expressly prohibited:

• viruses, trojan horses, malware, spyware or any other malicious software
• apps/websites that link to or facilitate the distribution or installation of malicious software
• apps/websites that introduce or exploit security vulnerabilities
• apps/websites that steal User's authentication information (such as usernames or passwords) or that mimic other apps or websites to trick Users into disclosing personal or authentication Data
• apps/websites that install other apps on a device without the User's prior consent
• apps/websites designed to secretly collect device usage, such as commercial spyware apps

Intellectual Property Rights

All copyrights, patents, trade secrets, trademarks, service marks, and other intellectual property rights in the FINCORPx Platform shall remain the sole and exclusive property of FINCORPx and its licensors. The IPR may not be copied, reproduced, distributed, or exploited without the prior written consent of FINCORPx.

Relationship

You understand and agree that nothing contained in these Terms shall be deemed or construed as creating a partnership or joint venture between the User and Us, or deemed to cause any party to be responsible in any way for the debts and obligations of the other party.

You will not describe (whether online or otherwise) Yourself as an agent or representative of FINCORPx or make any representations to any User or any third party or give any warranties which may require Us or Service Providers to undertake or be liable for, whether directly or indirectly, any obligation and/or responsibility to the User or any third party.

Confidentiality

The User agrees not to disclose or attempt to use or personally benefit from any non-public information that it may learn or discover on the Website or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through any action of the User.

We may access, preserve and disclose any of User's information if required to do so by applicable law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Us or to comply with legal process, (ii) for fraud prevention, risk investigation, User support, product development and de-bugging purposes, or (iii) protect Our rights, property or ensuring safety of the Users or members of the public.

Disclaimer of Warranties & Limitation of Liability

The Services are provided on an as-is-and-as-available basis. We expressly disclaim all warranties of any kind, whether express or implied. We make no warranty that the Services will be uninterrupted, timely, secure, or error free.

We shall not be liable for any breach of these Terms due to any force-majeure event. We shall not be liable to You for any indirect losses, special, consequential or punitive damages or losses, including but not limited to, loss of business or data or profits or goodwill.

Indemnity

The User shall keep Us indemnified from and against any and all liability arising from or relating to any claim, suit or proceeding brought against Us by another User/third party for reasons including breach of terms, acts, errors, fraud, misrepresentations, wilful misconduct or negligence of the User.

Communication Policy

By accepting these terms You acknowledge and consent that You may receive notifications from Us via text messages including SMS or through WhatsApp or through emails, for the purpose of collecting feedback. You understand that receipt of non-service related communications can be deactivated from User Account settings or by sending an email to support@fincorpx.com or by ab-initio not consenting to receive these communications.

The User acknowledges that the SMS service provided by Us is an additional facility provided for the User's convenience and that it may be susceptible to error, omission and/or inaccuracy.

Suspension and Termination

FINCORPx reserves the right to suspend/terminate User's access to the FINCORPx Platform without notice if: (a) the User breaches these Terms; (b) the User engages in any illegal, fraudulent or abusive activity; (c) the User provides information that is untrue, inaccurate, not current or incomplete.

Governing Law, Jurisdiction and Disputes

These Terms are subject to the laws of India and any disputes arising out of or in connection with the Terms will be subject to the exclusive jurisdiction of the competent courts at Bangalore, India.

Any dispute/claim shall be settled by binding arbitration in accordance with the Arbitration and Conciliation (Amendment) Act, 1996 with the exclusive seat of arbitration at Bangalore, India.