TERMS OF USE
Last updated November 21, 2022
- Background
- What We do
- Registration
- Customer Data
- How We use Customer data
- Security Measures to Protect Customer Data
- Privacy and Confidentiality
- Publicity
- Payment
- Refund and Cancellation
- Intellectual Property
- Prohibited Uses
- Modifications and Interruptions
- Representations and Warranties
- 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;
- That You shall be solely responsible for maintaining the confidentiality of Your password and login credentials;
- That all the representations made by You to Us including in accordance with these terms and conditions are true, correct and complete;
- That Your usage of the Platform will not, in any manner, directly or indirectly, violate terms of any contractual arrangement or applicable law binding on You and Your Organization.
- Termination
- You may terminate the Service of Trica Equity after providing a 30 (thirty) days’ written notice to Trica Equity by sending a mail to support@trica.co. The subject line of the email shall be: Termination; Cancellation. For any reason.
- Customer may terminate the Services upon the failure of Trica Equity in a material way to provide the Services in accordance with the Terms of Use and does not cure the failure within 30 (thirty) days after the Customer’s written notice describing the failure in reasonable detail;
- Trica Equity reserves the right to discontinue Services if payments are not paid within the 15 (fifteen) days after providing 10 (ten) days’ notice;
- 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 the Platform if such violation has not been resolved within 15 (fifteen) days. Our rights under this Terms of Use shall survive any termination;
- Trica Equity shall terminate the Services if the Customer or Authorised User interferes with the normal operation of the Services and/or the Platform;
- Trica Equity may suspend the Services if necessary for protecting the integrity of the Services or Platform;
- Trica Equity shall terminate the Service for the Customer if the approvals, consents, governmental authorizations and permits as may be required or reasonable deemed necessary by Trica Equity for the performance of Services is terminated;
- Trica Equity shall terminate the Services after providing a notice of at least 15 (fifteen) days if the Customer threatens with a legal claim for copyright or patent infringement related to provision of the Services;
- In the event of termination of Services, Customer Data will be dealt with in accordance with Our Data Retention Policy.
- Disclaimer of Warranties and Limitation of Liability
- Indemnity
- Authorised User claims concerning the unauthorised use of the Services by You;
- any misrepresentation of this Terms of Use or violation of applicable laws by You;
- Authorised User claims concerning infringement or misappropriation of their rights by Customer Data that is transmitted, uploaded or stored on the hosted infrastructure by You in relation to the use of Services; and
- a dispute between the Organisation, Administrator Account and/or Authorised Users;
- material breach of this Terms of Use or material violation of applicable laws by the Customer or Authorised Users.
- Limited License
- Party Content
- Severability
- Foreign Jurisdictions
- Governing Law and Dispute Resolution
- General
app.tricaequity.com(“Website”),web interfaces, mobile applications, APIs, documentation,
servers and all other intellectual property, software and infrastructure (collectively referred to as the
“Platform”) is owned, registered and operated by CapitalGrid Technologies Pvt Ltd, a
company, incorporated in India (herein referred to as “We” or “Us” or
“Trica Equity” or “Company” or “Our” which expression
shall mean and include its affiliates).
These terms and conditions (“Terms of Use”), which include and hereby incorporate the
privacy policy at
https://app.tricaequity.com/privacy
(“Privacy Policy”) and the General Data Protection Regulation (“GDPR”)
terms and conditions at
https://app.tricaequity.com/gdpr, are a legal
agreement between Trica Equity and you ("You" or “Your” or
“User” or“ Customer”). By using or accessing the Platform, You agree that
You are 18(eighteen) years of age or older and You have read, understood, and accept to be bound by the
Terms of Use and the Privacy Policy.
We reserve the right to make changes to these (“Terms of Use”) at any time. Any such
modifications will become effective immediately upon posting to the Website/Platform and Your continued
usage of the Website/Platform, and/or the Services (as defined below) constitutes Your agreement to such
modifications. You agree to periodically review the current version of these Terms of Use as posted on the
Website/Platform.
Trica Equity provides various features and services such as ESOP and cap Table management software for
companies, its shareholders and employees along with informational articles on its blog (collectively
referred as “Services”).
You can access the Platform without registering for an account. However, to use Our Services and several
features, You will need to register and create a profile with accurate and complete information. Your
profile must be Your own or of a person or entity You are entitled to represent.
The person who first completes the registration on behalf of any organization is the initial administrator
for purposes of such organization’s (“Organization”) use of the Service, and exercises
certain options to initially determine the level of access, privacy, and security for the Service related to
the Organization (“Administrator Account”).
The Platform may be accessed and used solely by the number of persons authorized by the Administrator
Account to access and use the Services which may include the employees (present and former) of the Customer,
shareholders of the Customer and representatives, agents, officers, directors, advisor, consultant, and
other personnel of the Customer (“Authorised Users”) as specified in the applicable pricing
plan. Sharing of Authorised User accounts (user identification and password) is prohibited. Authorised User
accounts may only be reassigned to a new individual replacing one who will no longer use the Services.
The Platform allows You to submit, store, and access certain business data such as employee stock option
policy, board and shareholders’ resolutions, grant letters, acceptance letters, nomination forms,
shareholding details, and other information related to You, Your employees, Your shareholders, or Your
business collectively (“Customer Data”).
The Customer shall not host, display, upload, modify, publish, transmit, update or share any information
that: (i) is grossly harmful, harassing, libellous, invasive of another’s privacy or otherwise unlawful in
any manner whatsoever; (ii) harms minors in any way; (iii) infringes any patent trademark, copyright,
license or other intellectual property rights; or (iv) violates any law for the time being in force.
By submitting Customer Data to Trica Equity, You hereby represent and warrant that You have all lawful
rights necessary to provide the Customer Data required for Trica Equity and its service providers to provide
the Services through Our Platform.
Authentication and Authorization: We use Your data to authenticate and authorize access to
Our Services on the Platform.
To provide Services: We process Customer Data to provide Services to You through the
Platform.
To improve Services: We analyse and process Customer Data to improve the Services We
provide to You and other Customers. However, We do not share Your Customer Data with any user outside Your
Organization.
To send emails and other communications: We may send You Service, technical and other
administrative emails, messages and other types of communications. We may also contact You to inform You
about changes in Our Services and Our Services offerings. These communications are considered part of the
Services and You may not opt out of them unless You choose to not use Our Services.
Customer Support: If You send Us a request (for example via a support email or via one of
Our feedback mechanisms), We respond to Your request and assist You in resolving the issue faster.
Other purposes: The Company shall collect Customer Data for such other purposes as provided
in any separate service agreement between Trica Equity and the Customer, or as otherwise authorized by the
Customer in accordance with applicable law.
Aggregated Anonymised Data: Trica Equity shares or publicly discloses information (e.g., in
marketing materials, or in application development) that is derived from Customer Data, provided that such
data will be aggregated or anonymised to reasonably avoid identification of a specific individual or the
Customer. You further agree that Trica Equity will have the right, both during and after the termination of
this Terms of Use, to store, transmit, distribute, modify, copy, display, sublicense, and create derivative
works of the anonymised, aggregated data.
Data Retention Policy: We shall retain Your information as long as You use Our Platform for
any Services. We may also retain Your personal information for an extended period under applicable statutory
laws. When You decide to stop using Our Services, You may request us, in writing, to either delete or return
all Customer Data, whereupon We shall comply with such written instructions. We may be provided with Your
personal information by Your employer, or other users on the Platform, which information will be retained on
the Platform until such time as the User who uploaded such information requests for the removal of said
information. In such case, We shall communicate Your request to such user. In case no request to return
Customer Data or confidential information is received within 90 (ninety) days, Trica Equity may at its sole
discretion delete Your Customer Data and other confidential information.
Data Backup Policy: Trica Equity shall be responsible for backing up Customer Data by
ensuring Our database server has scheduled backups which take a snapshot after every 6 (six) hours.
We implement security controls and features to prevent breaches and unauthorized access to Your data such as
third party VAPT (Vulnerability and penetration testing) certification, ISO 270001 for information security,
SSL encryption (https) for all traffic between Authorised User and the server and strict access control for
database server (IP whitelisting based). In the event of any breach of Customer Data, Trica Equity shall
take appropriate measure to remedy such data breach and will also inform the Customer about such breach
within 24 (twenty four) hours.
Your use of the Platform is also governed by Our Privacy Policy, which can be located at
https://app.tricaequity.com/privacy and
Our GDPR Terms and Conditions, which can be located at
https://app.tricaequity.com/gdpr. Please read
Our Privacy Policy to understand Our information collection and usage practices.
Trica Equity can use Your “logo” or “name” as part of list You as Our Customer in various media.
Payment needs to be made within 30 (thirty) days after raising the invoice for payment, or immediately upon
such payment becoming due as per the applicable pricing plan, to Our bank account as mentioned in the
invoice or through our online payment mechanism, where applicable. If there are any withholding taxes in
respect of payments made to us applicable to Your jurisdiction, the billing shall be deemed to have been
grossed up by an amounts such that after deduction of such applicable taxes, We receive the same amount from
You as We would have received had there been no such withholding or deduction.
Certain features and Services available on the Platform are accessible only upon payment including those
features set out in. The consideration for the Services and any other charges due from You shall be as per
the rates in effect at the time at which it is charged. The Services may differ geographically and the plans
and pricing may also vary with time and place. We reserve the right to introduce or remove or modify plans
and pricing from time to time. We store the username, name, e-mail address, contact number and payment
information such as credit card details, for continued and uninterrupted Services. You may update your
payment & pricing plan information at any time by visiting
https://www.trica.co/equity/pricing.
When You purchase a Service, You must provide us with complete and accurate payment information thereby
authorizing Us to charge you for the Service availed. We use the services of third party payment service
providers to process Your payment and share the payment information and other identifiers with such third
parties in accordance with their terms and conditions. Accordingly, Your payments to Us through such third
party services shall be in accordance with the terms and conditions adopted and implemented by such service
provider and Trica Equity shall not be responsible for failed or incomplete transactions or non-fulfilment
of any payment instructions issued by You through such service provider or any other actions taken by You in
respect of the same. At the time of payment, Your bank or other third party payment intermediaries may
charge You currency conversion fees, bank charges and other transaction fees which shall be payable by You.
You may select one of the various options provided in the pricing plan on Trica Equity, as may be modified
from time to time, to suit your needs. Based on the pricing plan selected by You, You would need to make the
payment corresponding to such plan online using our third-party payment service provider
(https://razorpay.com or such other gateway as we may designate from time to time). When you select a
monthly or annual subscription plan, your subscription will automatically be renewed for another month or
year on a recurring basis, as applicable, upon the expiry of each subscription term. In the event you fail
to make the payment within 15 (fifteen) days of such payment falling due, Trica Equity reserves the right to
discontinue your Services after providing 10 (ten) days’ notice.
Access to the Services commences on the assigned start date after the realization of payment of the
subscription fees, and there can be no cancellation once access to the Services is active. If you wish to
request a refund for any reason, You shall send a detailed request for refund to support@trica.com,
highlighting the reasons for the same. Trica Equity reserves the right to approve or reject such refund
requests at its sole discretion, and the decision of Trica Equity on this matter shall be final. If
approved, the refund may be issued to You through the original payment method or directly to your bank
account. In any case where such request is not approved by Trica Equity, all subscription fees and charges
are non-refundable.
You may refer to the Termination section below for our account cancellation policy. Please note, however,
that if You cancel the subscription midway through Your subscription term, You will not be entitled to a
refund of any pro rated portion of the Subscription Fee already paid for such term.
Trica Equity hereby grants a limited, revocable, non-exclusive, non-sub licensable, non-transferable license
to You to access and use the Services for non-commercial purposes within Your Organization to the sole
extent necessary for Your use of the Services in accordance with these Terms of Use. Except as explicitly
provided herein You do not obtain any rights to the Services or the software included in the Platform
including intellectual property rights thereto under these Terms of Use. All contents that are available on
the Platform including text, audio, video and software, other than the Customer Data, is Our property.
You shall use the Platform in good faith and shall not use the Platform for any unlawful purposes including
but not limited to: modifying, altering, tampering with, repairing, or otherwise creating derivative works
of any software; reverse engineer, disassemble or decompile any software included in the Platform; remove,
modify, obscure or create derivative works of any intellectual property or proprietary rights of Trica
Equity and its licensors or affiliates. You shall ensure that Your use of Services and the Platform shall
not interfere with the normal operation of or integrity of the Services and/or Platform in any manner.
Trica Equity reserves the right to modify the configuration of the software, including updation and
upgradation, provided always that such modification shall not materially and adversely reduce the Services
provided to You unless prior notice is provided.
Trica Equity does not warrant that the Services will be uninterrupted or error free at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to the Platform,
resulting in interruptions, delays, or errors.
You hereby represent and warrant:
Trica Equity makes no representations about the results to be obtained from using the Platform, the use of
Trica Equity platform is not warranted to be fit for any particular purpose. The Platform, the information,
the Services and the content are provided on an "as is" basis. Trica Equity, its licensors, and its
suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or
otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of
third party rights, and fitness for a particular purpose.
Trica Equity shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise,
incurred in connection with the Trica Equity 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 Trica Equity content.
To the maximum extent permitted by law, We disclaim all warranties of any kind whatsoever, whether express,
implied, oral or written, including without limitation, accuracy of content, non-infringement,
non-interference, merchantability or fitness for a particular purpose or that the Services (including the
Platform) will be uninterrupted, timely or error-free.
Any content or Services provided through the Platform shall not be construed as investment advice by Trica
Equity or an opinion provided by Trica Equity regarding the appropriateness or suitability of any investment
or holding insecurities of a company, or a recommendation or an offer or solicitation by Trica Equity for
the purchase or sale of any securities, nor otherwise an endorsement, inducement, or solicitation of any
type.
You hereby agree to indemnify, defend and hold harmless Us or Our affiliates and each of their respective
officers, directors, attorneys, agents and employees to the fullest extent from and against any and all
losses, liabilities, costs, demands, cause of action, damages, penalties, interest and expenses (including
reasonable attorney’s fees) arising out of or by virtue of:
Trica Equity or the Customer shall not be made liable for any indirect, incidental, non-material, special,
punitive, consequential or other similar damages, including loss of profits, revenue or income, whether or
not such damages are foreseeable.
We grant You a limited, revocable, and non-exclusive license to access and make personal use of the
Platform. All licenses granted under this Terms of Use are conditional on Your continued compliance of these
Terms of Use and licenses will automatically and immediately be terminated if You fails to comply with these
Terms of Use.
The limited license set forth in this Clause does not include the right to: (i) make any use of the Platform
or its content other than personal use; (ii) create any derivative work based upon either the Platform or
its content; (iii) collect account information for the benefit of another party; (iv) use any meta-tags or
any other "hidden text" utilizing Our name or the trademarks without Our express written consent; or (v) use
software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action
that may impose an unreasonable burden or load on Our infrastructure.
At Our discretion, We may include, embed or offer third party products or services on Our Platform. 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.
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.
Trica Equity makes no representation that the content contained on the Platform is appropriate or to be used
or accessed in outside the Republic of India, the United States of America and Singapore. You are expressly
notified that, many countries 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 a reresponsible for compliance
with, regulatory requirements as may be applicable to Your use and access of the Platform in such
jurisdictions.
This Terms of Use shall be governed and construed in accordance with applicable laws of Republic of India
and shall be subject to the jurisdiction of the competent courts of Bangalore, India. 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. 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 (Indian) 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, Trica Equity and You shall continue to exercise
the remaining respective rightsand fulfil the remaining respective obligations under this Terms of Use. The
arbitration shall be conducted by a sole arbitrator appointed by Trica Equity. The seat and venue of
arbitration shall be Bangalore, India and the arbitration proceedings shall be conducted in English
language.
These Terms of Use comprise the full and complete agreement between You and Trica Equity with respect to the
use of the Platform and supersedes and cancels all prior communications, understandings and agreements
between You and Trica Equity, whether written or oral, expressed or implied with respect thereto.
Trica Equity 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.
Any notice to be given in connection with these Terms of Use shall be delivered via email to Trica Equity at
support@trica.co 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.