This agreement between you and Samunnati Financial Intermediation & Services Private Limited (“Samunnati”) sets out the legally binding terms ("Terms") governing the use of the FPO Gateway website and mobile application, including all content, features, functionality, programs, applications, or services provided in or through the website or the mobile application (collectively, the “Platform”).

These Terms, together with the Privacy Policy, and any other applicable rules, policies, and legal terms posted within the Platform (“Platform Terms”), govern your use of the Platform which are incorporated herein by reference and forms an integral part of these Terms.

1. Intended Audience and Territorial Restrictions. This Platform is designed and intended for use by residents of India who are at least 18 years of age. You may not register for or use the Platform if: (i) you are under 18 years of age; or (ii) we have previously terminated your Account and advised you that you may no longer use the Platform or any of our other services or functionalities provided by the Platform ("Services"). If you are accessing or using our Services on behalf of, or to represent the interests of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity’s behalf and that you intend to bind such represented person or entity to this Agreement, if you or the other person or entity violates these Terms. You undertake not to misrepresent your identity or your authority to act on behalf of such represented person or entity in connection with the use of this Platform.
2. Acceptance. By clicking "Agree", or by installing or using the Platform and/or Digital Content, you represent to Samunnati that: you are at least 18 years of age and have reached the age of majority in your jurisdiction, and you have read, understood and agree to these Terms.
3. Your Privacy. Samunnati respects your privacy. Please refer to Privacy Policy for information on how we collect, process, store and use your personal data in connection with your use of the Platform, for what purpose(s) we use your personal data, and your rights in relation to your personal data, and how to exercise them. It is important that you read these details prior to providing any personal information to us. Please be aware that despite our reasonable efforts to adopt security measures commensurate to the sensitivity of the information being protected, the transmission of data over the internet can never be guaranteed to be completely private or secure.
4. Feedback. You may elect to provide or make available to Samunnati suggestions, comments, ideas, improvements, or other feedback through the App, or separately provide other materials to Samunnati (collectively, “Feedback”) which are governed by the following terms:
   • Any Feedback that you send to us through the Platform is and will be deemed non- confidential, and Samunnati will have no obligation of any kind with respect to such information. Samunnati will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute such Feedback in any manner, and you will gain no right, title or interest in or to the Platform, or Services by virtue of Samunnati doing so. Samunnati will be free to use any ideas, concepts, know-how, or techniques contained in such communications for any purpose, including but not limited to, developing, manufacturing, and marketing products. Samunnati reserves the right to display, or insert advertisements in connection with such Feedback and to use your Feedback for marketing, advertising, and promotional purposes.
   • You agree that you are solely responsible for all of your Feedback. Samunnati is not required to host, display, or distribute any Feedback, and may refuse any Feedback for any reason. Samunnati is not responsible for any loss or theft of, or damage of any kind to, any Feedback. You represent and warrant that: (a) you own all rights in your Feedback or, alternatively, you have acquired all necessary rights in your Feedback to enable you to grant to Samunnati all of the rights described herein; and (b) your Feedback does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.
   • You are prohibited from posting content or offering Feedback, or otherwise using the Platform to transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate the law or copyright, trademark or other intellectual property rights of another. Samunnati will cooperate with any law enforcement authorities or court order requesting or directing Samunnati to disclose the identity of anyone posting information or materials in connection with the App. Samunnati may, from time to time, monitor, review, block or remove the discussions, chats, postings, transmissions, bulletin boards and the like; however, Samunnati is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any Feedback.
5. Updates. Samunnati may choose to provide updates to the Platform and/or the Services from time to time at its sole discretion. In addition, Samunnati's distribution of the Platform via third-party services (e.g. the GooglePlay and App Store) may require users to download new or updated versions of the Platform on a periodic basis. You acknowledge that you will be bound by the version of these Terms which is applicable as of the time you download and use any such update to the Platform. Samunnati does not represent or warrant that any future updates to the Platform will provide the same functionality that is provided by the current version of the Platform. When changes are made, Samunnati will provide an updated version of the Terms within our Platform. We will also update the “Last Updated” date at the top of these Terms. If we make any material changes, we will require you to consent or sign up to such updated Terms by way of an in-Platform pop-up before continuing to use the Platform and also send push notification via the Platform(unless you have turned such functionality off). Any changes to these Terms will be effective immediately.
6. Links. The Platform may contain links to third-party web sites or internet resources ("Linked Sites"). The Linked Sites are not under the control of Samunnati and Samunnati is not responsible for the availability, contents, or performance of any Linked Site. Samunnati is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Samunnati of such Linked Site, its contents or any products or services available through such Linked Site or any association with its operators. You are responsible for complying with any privacy statements or terms of use of the Linked Sites. You should direct any concerns regarding these third-party sites to those sites' administrators. You agree that Samunnati will have no responsibility or liability for any information, software, or materials found at any Linked Site.
7. Security via Wireless Carrier/ Internet Service Provider. Samunnati does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
8. Platform Security. You must maintain the security of your third party account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
9. Ownership of Platform and Intellectual Property. The Platform is protected under Indian and international copyright laws, and are subject to other intellectual property and proprietary treaties and laws. You must abide by all copyright notices, information, or restrictions contained in or attached to any Platform including but not limited to the following:
   • The names, logos, and materials displayed in the Platform constitute trademarks, trade names, service marks or logos (collectively, "Trademarks") owned by, or licensed to Samunnati, its affiliates, subsidiaries, or related companies. Ownership of all Trademarks and the goodwill associated therewith remains with Samunnati or in the case of licensed Trademarks, the licensor.
   • The Platform is licensed, and not sold, to you under these Terms, and all rights not expressly granted in these Terms are reserved to Samunnati. You have no ownership rights in the Platform, or any Services. All right, title and interest in and to the Platform and Services, including all copies, translations, compilations, derivative works, modifications, changes or corrections thereto remain with Samunnati or its licensors, as the case may be.
   • You retain all rights in and to the user data, information, and content you which you have input into the Platform(“User Content”), and Samunnati does not validate and mention the correctness of such User Content which is created on the Platform which includes, without limitation, farmer surveys, farmer producer organisation profiles, financial and ‘know your customer’ documents and any other data which the App user has created or uploaded on the Platform. You hereby agree and acknowledge that the Samunnati retains the right to represent the User Information at its discretion to multiple service providers without re- verification of the accuracy of such User Content.
   • The App, including without limitation its structure, organization, and code, are Samunnati's or its licensors, as the case may be, confidential information and constitute trade secrets. You will not directly or indirectly, disclose such information to any third party and will use such information only as expressly permitted by these Terms.
10. User Content Restrictions. You may not, nor may you permit any other person to upload, share, publish, transmit or otherwise make available on or through the Platform any User Content that: (i) encourages any unlawful activity, or otherwise in itself unlawful in any manner whatever (ii) infringes a patent, trademark, copyright or other proprietary rights of any person, (iii) harms or exploits any person (whether adult or minor) in any manner, (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource (v) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
    You may also only post or otherwise share User Content that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:
    • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
    • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; and
    • Contains any private or personal information of a third party without such third party’s consent;
11. Third-Party Content. We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any third-party content, linked websites owned by third parties, third party software which may be linked with, or interacts with the App, or third-party software or services submitted to, transmitted, displayed or made available on or through the Platform(collectively "Third Party Content"). In this regard please note that:
    • Samunnati does not endorse or take responsibility for any Third Party Content, which is not within Samunnati’s control, and Samunnati cannot and will not take responsibility for the information or content thereon. Links with Third Party Content should not be viewed as an endorsement of Third Party Content.
    • You are solely responsible for any software (whether your own software or software supplied by third parties) used by you in connection with your use of the App, including any Third Party Content, the use of which will be governed inter alia by the terms of use and privacy policy of the Third Party Content provider.
    • We are not responsible for and are not liable for any damages or losses arising from your use of any Third Party Content and we do not endorse, support, or guarantee the quality, reliability, or suitability of any Third Party Content. You must comply with any terms and conditions applicable to all Third Party Content that you use or may use.
    • No responsibility for third-party content or services. You acknowledge and agree that by using the App, you may be exposed to third-party content or services and any reliance on or use of any third-party content or services on or accessible from the Platform by you is at your own risk. Your use of the Platform does not give you any rights in or to any third party content and/or services you may access or obtain in connection with your use of the App.
    • We do not provide any technical support for any Third Party Content. Please contact the relevant supplying third party for technical support.
12. Prohibited Activities & Conduct We reserve the right to block or remove, with or without notice to you, your User Content for any reason, including, if in our opinion your User Content violates the Terms, or as may be required by applicable laws and regulations.
    
    You agree that your usage of the Platform and/or the Services shall be subject to and governed by any usage requirements established from time to time by Samunnati. Accordingly, you agree to use the Platform and/or the Services in a manner that complies with all applicable laws in India.
    
    Unless expressly permitted in writing by Samunnati, you agree not to engage in any of the following prohibited activities when using the App, or allow any person to use your access to the Platform to do the same:
    • violate any law, regulation, ordinance, or rule (or carry out any actions which may result in violation of any law, regulation or rule when used in a manner permitted by these Terms);
    • infringe our rights or any third party's rights, without limitation including any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
    • adapt, translate into any language, distribute, broadcast, stream or create derivative works based on the Platform;
    • remove, obscure or modify any copyright, trade-mark or other proprietary rights notice, marks or indications found in or on the Platform, or misappropriate work protected by the copyright or other intellectual property laws;
    • use the Platform for any illegal, deceptive, malicious, misleading or fraudulent activities or other activities;
    • sub-license, rent, lease, sell or otherwise distribute, transfer or assign the Platform to any person or entity or charge any person or entity for use or access to the Platform;
    • modify, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Platform or software embedded in the Platform by any means whatsoever, except to the extent that foregoing restriction is prohibited by applicable law;
    • perform any acts (including, without limitation, hacking, attacking or overloading our networks or servers) with the intention of adversely affecting the performance or disrupting the Platform or otherwise interfering with, or attempting to interfere with, any user's or any other party's access to the Platform;
    • upload viruses or malicious code or technologically harmful material to the Platform, our systems or the systems of other users of the Platform;
    • use any robot, spider, crawler, off-line reader, or other technical means to intercept, mine, scrape, monitor, copy, collect or extract information or data from the Platform;
    • exploit technical defects in the Platform to benefit yourself and/or others in any manner or engage in any other misconduct, or probe or test the vulnerability of, or otherwise circumvent or attempt to circumvent, defeat or tamper with security measures on the Platform, our systems or the systems of other users;
    • You may not use the Platform in an attempt to, or in conjunction with any device, program or service designed to, modify, circumvent, defeat or tamper with technological measures employed to control access to, or the rights in the Platform
    • engage in any "framing," "mirroring," or other techniques directed at simulating the appearance or function of the Platform or misrepresenting the source, or ownership of the Platform; or
    • develop any plug-ins, external components, or interconnection elements or other technology that inter-operate with the Platform, except where we expressly permit you to do so.
    • use the Platform to gain unauthorized access to any system, account or data or engage in the malicious creation or use of an account, such as creating multiple accounts for cybersquatting purposes;
    • register or login to an account or access the Platform by using unauthorized means (including, without limitation, by third-party software or systems not developed, authorized or approved by us) or by impersonating any person or misrepresenting your identity or impersonating another person;
    • use the Platform other than for their intended purpose or in any manner inconsistent with these Terms; or
    • engage in any other activity that encourages any person or entity to breach these Terms.
13. Discontinuation and Changes.Samunnati may change the form or nature of the Platform or Services and reserves the right to modify, suspend or discontinue your access to them for any reason without notice, at its sole discretion. Samunnati will have no liability whatsoever to you or any third party for any failure of the Platform or Services (including transmitting your data to or from Samunnati's or third party servers) and has no obligation to retain any of your data including Feedback on its servers or to return your data or Feedback to you before deleting them from its servers.
14. Termination of Rights.Your rights under these Terms will automatically terminate if you fail to comply with any term of these Terms. In the case of termination, you must cease all use of the Platform or Services. Samunnati may immediately revoke your access to the Platform and/or Services. Samunnati's failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
15. Disclaimer of Warranties.You use the Platform at your own risk and subject to the following disclaimers:
    • We do not guarantee that the app, digital content and services will always function without disruptions, delays, or imperfections. Samunnati does not warrant that the Platform, digital content or services will meet your requirements in any respect or be available at all times, or that the operation of the Platform or services will be uninterrupted or error-free, or assume liability for the correction of any or that errors in the Platform or Services. The Platform is provided "as is" and "with all faults" and the entire risk as to the accuracy and performance of the Platform is borne by you. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any data stored in the Platform or for any liability should it prove defective, or malfunctions, or causes or results in destruction or loss of your data, or impair the functioning of your device.
    • To the fullest extent permitted by law, Samunnati and its suppliers hereby disclaim all warranties with respect to the Platform and Services, express or implied, including any warranties of merchantability, non-infringement, or fitness for a particular use or purpose. You acknowledge that the provisions of this clause are a material inducement and consideration to Samunnati to grant the licenses contained in these Terms and to provide you with access to the Platform and Services.
16. Limitation of Liability.To the fullest extent permitted by law, except as may be expressly stated herein, in no event will Samunnati, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors or third-party partners be liable for any direct, indirect, special, consequential, incidental, or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of savings, business interruptions, loss of data, loss of time, loss of goodwill or other pecuniary loss) arising out of or in connection with these Terms, its subject matter, your use of or inability to use the Platform or Services, or your use of or reliance on any data you may access in connection with your use of the Platform or Services, regardless of whether Samunnati or its suppliers or licensors knows or should know of the possibility of such damages.
17. Indemnification.You agree to indemnify, defend and hold harmless Samunnati, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) an inaccuracy or breach of any of the warranties made by you, (ii) any misrepresentation or fraud committed by you, (iii) a violation by you of these Terms, to the fullest extent allowed by law.
18. Third-Party Claims:If any third party brings a claim ("Third Party Claim") against us related to your actions, information, or content on the Platform, you will, to the extent permitted by law, indemnify and hold Samunnati harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of the Platform, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Third Party Claim. Your rights with respect to this Platform are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of the Platform, do not permit it.
19. Disclaimer of Liability:Samunnati takes utmost care and diligence when collecting and presenting certain historical or predictive data sets on the Platform, such as price trends and weather details. However, any acts done by the users by placing reliance on such information and the profits or losses incurred upon the use of such trends, charts and information are solely at the discretion of the user and Samunnati will not be held accountable for any loss on account of reliance upon historical or predictive data sets provided by Samunnati. Samunnati does not control and is not responsible for controlling how or when our users use the Platform or Services. We are not responsible for, and are not obligated to control the actions or information (including content) of our users or other third parties. Accordingly, you release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, or liability that you have against any third parties relating to, arising out of, or in any way connected with the use of the App. Your rights with respect to Platform are not modified by the foregoing disclaimer if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
20. Exclusions.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental, or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Samunnati may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Samunnati's liability will be limited to the fullest extent permitted by applicable law.
21. Events Beyond our Control.We are not responsible for events beyond our control and if we have to cancel or delay providing access to the Platform or to Services on account of any event beyond our control, then we will use commercially reasonable efforts to take steps to minimize the effect of the delay or cancellation, but you expressly acknowledge and agree that we have no obligation to you for any such delay or cancellation.
22. Applicable Law & Dispute Resolution.these Terms is governed by the laws of India. You agree that any dispute arising out of, or relating to these Terms and the Privacy Policy shall be deemed to be a dispute under a single agreement and will be brought exclusively to the courts of Chennai, India.
23. Miscellaneous.If any provision of these Terms is found to be invalid or unenforceable, the Terms will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect. Failure by Samunnati to prosecute any right with respect to a default hereunder will not constitute a waiver by Samunnati of the right to enforce rights with respect to the same or any other breach.
24. Entire Agreement.These Terms together with any In-Platform Terms constitute the entire agreement between you and Samunnati with respect to the subject matter thereof. Unless a mutually executed agreement between you and us states otherwise, no additional or inconsistent terms in any other agreement or document shall modify these Terms or the In-Platform Terms, and these Terms supersede any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Platform).