Effective Date: 1st July 2025

1. DEFINITIONS

For the purposes of these Terms and Conditions (“Terms”), unless the context otherwise requires:

1. “Company” or “Fundist” refers to Fundist Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013, bearing Corporate Identification Number (CIN) [U92490DL2019PTC355438], having its registered office at 3rd Floor, BPTP Centra One, Sector 61, Gurgaon, Haryana – 122011, India, which owns, operates, and manages the Platform.
2. “Platform” refers to the proprietary, internet-based technology platform developed and operated by Fundist, accessible via web or mobile interface, which provides a digital environment for interaction and communication between Users, specifically Founders and Investors, for the facilitation of fundraising activities.
3. “User” refers to any natural or legal person who accesses, visits, browses, registers, submits data to, or otherwise utilizes the functionalities of the Platform, and includes, without limitation, (i) individuals, founders, entrepreneurs or corporate entities seeking to raise capital (“Founders”), and (ii) angel investors, family offices, venture capital firms, syndicates, corporates, private equity firms, incubators, accelerators, educational institures, non profit organizations, foundations, trust funds, banks, NBFCs, venture debt funds, accredited individuals or any other individuals or institutions seeking to invest, loan, grant, award or seeking any other financial or non financial interest in Founders or other Users of the Plaform  (“Investors”).
4. “Services” means all services, tools, functionalities, and features made available by Fundist through the Platform, including but not limited to account registration, investor/founder profiling, messaging, data upload, deal submissions, and such other facilitative actions as may be introduced from time to time.
5. “Force Majeure” means any event or circumstance beyond the reasonable control of Fundist which prevents or materially delays its performance under these Terms, including but not limited to acts of God, fire, flood, earthquake, explosion, war, terrorism, riots, governmental action, epidemic, pandemic, labour strike, or internet outage.
6. “Third Party” means any individual, company, institution, service provider, or legal entity other than the User and Fundist, who may be engaged or referenced in the course of interactions or transactions facilitated via the Platform.
7. “KYC Information” means documents and data submitted by Users in accordance with Know Your Customer requirements, including but not limited to PAN, Aadhaar, address proof, corporate registration certificates, and bank account verification
8. “Digital Signature” means any electronic method or technology, such as OTP-based authentication, digital certificates, or electronic consent mechanisms used to indicate User acceptance of terms or execution of agreements on the Platform.
9. “Transaction” means any proposed or executed arrangement, agreement, funding, investment, or loan deal entered into between Founders and Investors through or facilitated by the Platform.
10. “Subscription” shall mean and include the periodic, fee-based access purchased by the User to utilize the digital features, tools, dashboards, and resources made available on the Fundist Platform, whether billed monthly, quarterly, annually, or on such other periodic basis as may be specified at the time of purchase.
11. “Professional Services” shall mean and include any additional bespoke, on-demand, or specialized professional or facilitation services offered by Fundist to the User, beyond the scope of the Subscription. This may include, without limitation, advisory services, documentation assistance, investor introductions, curation services, mentorship arrangements, or similar offerings.
12. “Eligible Refund” shall mean a refund which Fundist determines, in its sole and absolute discretion, to be payable to the User under the limited circumstances set out in this Policy.
13. “Cancellation” shall mean the act of terminating or revoking a Subscription or Professional Service by the User, subject to the terms herein.

2. ACCEPTANCE OF TERMS

By accessing, registering, browsing, or otherwise using the Platform, the User expressly acknowledges that they have read, understood, and agreed to be legally bound by these Terms. The User’s continued access and use of the Platform constitutes their free, voluntary, and informed consent to abide by the rights, obligations, representations, warranties, and covenants set out herein. If the User does not accept these Terms in their entirety, they are advised to refrain from using the Platform and must immediately discontinue any ongoing usage thereof. These Terms shall operate as a binding contract between the User and Fundist, enforceable in accordance with applicable laws. 

3. NATURE OF SERVICES

Fundist operates the Platform as a neutral, passive, and purely facilitative technology interface that enables Founders to identify and connect with potential Investors, and vice versa, for the purpose of initiating dialogue, exchanging information, and progressing discussions regarding capital infusion. Fundist does not provide, and expressly disclaims, any advisory, consultancy, brokerage, investment banking, underwriting, legal, due diligence, or financial services in connection with the transactions or communications conducted on or through the Platform.

The Company does not participate in negotiations, nor does it guarantee the commercial or legal soundness of any engagement or representation made by any User. Any commercial transaction, investment arrangement, or funding decision entered into by or between Users is undertaken independently and at their sole discretion, risk, and liability. Fundist shall not be liable for any direct or indirect losses, damages, costs, or consequences arising from any such transactions or communications, whether facilitated by the Platform or otherwise. 

4. USER ELIGIBILITY

Access to and use of the Platform is strictly limited to persons who are competent to contract under the provisions of the Indian Contract Act, 1872. Accordingly, only individuals who are at least eighteen (18) years of age, of sound mind, and not disqualified from entering into a valid contract under any applicable law shall be permitted to access or use the Platform.

By accessing or using the Platform, the User expressly represents and warrants that they satisfy the eligibility criteria set forth herein. Where the User is a body corporate, partnership firm, limited liability partnership, or any other juristic entity, the individual accessing or using the Platform on its behalf represents and warrants that they are duly authorized to act on behalf of such entity and to bind it to these Terms and Conditions.

Fundist reserves the absolute right to deny, suspend, restrict, or terminate access to any User who is found, in its sole discretion, to be in breach of this eligibility requirement or to have made any misrepresentation regarding the same.

5. USER OBLIGATIONS

Each User, as a condition precedent to continued access and use of the Platform, covenants and agrees to the following obligations:

1. The User shall furnish accurate, complete, and up-to-date information during the registration process and shall ensure the continued validity of such information at all times during their engagement with the Platform. Fundist shall not be held liable for any claims, damages, or losses arising from the User’s failure to provide or maintain accurate information.
2. The User shall not use the Platform for any activity that is illegal, fraudulent, deceptive, abusive, defamatory, harmful to minors, or otherwise in violation of any applicable law, regulation, guideline, or public policy. The User shall also refrain from posting, uploading, or transmitting any content or data that infringes upon the intellectual property rights or confidentiality obligations of third parties.
3. The User acknowledges and agrees that all communications, negotiations, and dealings between Founders and Investors are conducted independently and at their own risk, and that Fundist does not undertake any verification, endorsement, participation, or responsibility with respect to such interactions.
4. The User shall ensure full compliance with all applicable laws, including but not limited to laws relating to securities regulation, prevention of money laundering, anti-corruption, taxation, and data protection, in connection with their use of the Platform and participation in any transaction facilitated thereby.

Fundist reserves the right to investigate, suspend, or terminate any User account and/or pursue legal remedies, including recovery proceedings, injunctive relief, and/or criminal complaints, in the event of any breach of the obligations set forth herein.

6. CONFIDENTIALITY

All data, documentation, business plans, financial models, identity proofs, Know Your Customer (KYC) records, term sheets, pitch decks, transcripts of communications, and other sensitive or proprietary information exchanged between Users or shared with Fundist in connection with the use of the Platform shall be treated as strictly confidential by all parties. Except with the express prior written consent of the disclosing party, or unless required to be disclosed pursuant to an order of a court of competent jurisdiction, statutory authority, regulatory body, or applicable law, no such information shall be disclosed, reproduced, or disseminated in any manner whatsoever. Fundist shall implement reasonable security practices and procedures, in accordance with applicable Indian data protection laws and industry standards, to safeguard confidential information from unauthorized access, misuse, or disclosure.

7. INTELLECTUAL PROPERTY

All intellectual property rights, including but not limited to copyrights, trademarks, trade names, service marks, domain names, source code, software architecture, layouts, visual elements, textual content, and proprietary algorithms associated with the Platform, are and shall remain the sole and exclusive property of Fundist Technologies Private Limited. No part of the Platform shall be reproduced, distributed, reverse engineered, or modified in any form without the prior written consent of Fundist. Subject to these Terms, Fundist grants Users a limited, non-transferable, non-exclusive, revocable license to access and use the Platform solely for the purposes explicitly contemplated herein. Nothing contained in these Terms shall be construed as granting, by implication or estoppel, any license or right to use any intellectual property of Fundist without express written permission. 

8. TERMINATION

Fundist reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate a User’s access to the Platform, without prior notice or liability, in the event that such User:

(i) breaches any provision of these Terms;
(ii) engages in conduct that is fraudulent, unlawful, or otherwise prejudicial to the integrity of the Platform or other Users; or
(iii) violates any applicable law, regulation, or guideline.

Termination shall not affect any accrued rights, liabilities, or remedies of Fundist as of the date of termination, and all obligations intended to survive termination, including payment obligations, confidentiality, and indemnification, shall continue to remain in full force and effect.

9. LIMITATION OF LIABILITY

To the fullest extent permissible under applicable law, Fundist hereby expressly disclaims and excludes all liability for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages (including but not limited to loss of profits, goodwill, data, business interruption, or anticipated savings) arising out of or in any way connected with: (i) the User’s access to or use of, or inability to access or use, the Platform; or (ii) any interactions, engagements, representations, or transactions between Users. Fundist shall not be liable for any delay, disruption, suspension, or failure of the Platform or services attributable to Force Majeure events.

Notwithstanding anything to the contrary contained in these Terms or under applicable law, the total aggregate liability of Fundist to the User, whether in contract, tort (including negligence), equity, law, or otherwise, for any claims, damages, losses, or liabilities whatsoever arising under or in connection with these Terms, the use of the Platform, or the provision of services, shall in all circumstances be nil and shall stand at zero. 

10. INDEMNITY

The User agrees to fully indemnify, defend, and hold harmless Fundist, including its affiliates, directors, officers, employees, representatives, and agents, from and against any and all third-party claims, losses, demands, costs, liabilities, damages, penalties, interest, or expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) the User’s breach or violation of these Terms; (ii) misuse or unauthorized use of the Platform; (iii) violation of applicable laws, rules, or regulations; or (iv) infringement of third-party rights, including but not limited to intellectual property or confidentiality. Fundist shall have the right to assume the exclusive defense and control of any matter subject to indemnification, and the User agrees to cooperate with such defense.

11. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles, the courts at New Delhi shall have exclusive jurisdiction over all disputes, controversies, or claims arising out of or in connection with these Terms, the use of the Platform, or the interpretation of any provision hereof. Users hereby waive any objection to such jurisdiction and venue on grounds of forum non convenience or otherwise.

12. DISPUTE RESOLUTION AND ARBITRATION

Any dispute, controversy, or claim arising out of or relating to these Terms, including any question regarding their existence, validity, interpretation, breach, or termination, shall be first attempted to be resolved amicably through mutual discussions. If such resolution is not achieved within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.

The arbitration shall be conducted by a sole arbitrator appointed mutually by the Parties. The seat and venue of arbitration shall be New Delhi. The language of arbitration shall be English. The arbitral award shall be final and binding on the Parties.

13. REFUND AND CANCELLATION

13.1. Cancellation

13.1.1 Subscription

(a) The User may, at any time, cancel their Subscription by navigating to the billing or subscription management section of the Platform and following the prescribed cancellation steps.

(b) Upon cancellation, the Subscription shall remain active until the end of the then-current billing cycle. Thereafter, access to the Subscription features shall be revoked.

(c) The User expressly acknowledges and agrees that cancellation of the Subscription shall not, under any circumstances, entitle the User to a refund of any Subscription fees already paid, in whole or in part.

13.1.2 Professional Services

(a) The User may request cancellation of any separately contracted Professional Service by submitting a written request to Fundist at the email address support@fundist.in.

(b) Cancellation of Professional Services shall only be entertained if the request is received by Fundist within twenty-four (24) hours from the date and time of payment for such Professional Services.

(c) Beyond the aforesaid twenty-four (24) hour window, no cancellation of Professional Services shall be accepted, save and except in such exceptional cases as detailed in Clause 13.2.2 (a) below.

13.2. Eligibility for Refund

13.2.1 Subscription

(a) Given that Subscriptions provide immediate access to digital content, proprietary tools, and features upon payment, all Subscription payments shall be strictly non-refundable.

(b) The User expressly understands and agrees that the Subscription fees are consideration for digital services delivered instantaneously upon activation, and as such, no refund requests shall be entertained under any circumstances once the Subscription has commenced.

13.2.2 Professional Services

(a) The User may become eligible for an Eligible Refund of Professional Service fees solely under the following limited circumstances:

(i) Where the User has submitted a valid cancellation request within twenty-four (24) hours of payment; or

(ii) In exceptional instances where Fundist, after due inquiry and assessment, concludes that there has been demonstrable gross negligence or complete failure on its part to deliver the agreed Professional Service(s) within a reasonable period specified in the invoice, engagement letter, or mutually agreed upon between the parties.

(b) Notwithstanding anything to the contrary, Fundist retains the sole and unfettered discretion to determine whether the User’s claim meets the threshold for an Eligible Refund.

(c) Except as expressly provided herein or if otherwise stated explicitly in the relevant invoice or billing statement, no other refund shall be payable to the User.

13.3. Refund Process and Timeframe

13.3.1 Refund Process

(a) Any User seeking an Eligible Refund must notify Fundist by email to refund@fundist.in or support@fundist.in, clearly specifying:

• the User’s full name and contact details;
• the relevant order, invoice, or payment reference number;
• the grounds upon which the refund is sought; and
• complete and accurate bank account details for processing the refund.

(b) Fundist shall review and verify the refund request, and may request additional documents or clarifications from the User before making a determination.

13.3.2 Timeframe

(a) Where Fundist determines that the User is entitled to an Eligible Refund, the refund shall be processed within a period of fourteen (14) working days from the date on which Fundist receives complete and accurate bank account details from the User.

(b) All refunds shall be made via electronic bank transfer to the User’s designated bank account, and Fundist shall not be liable for any delay or failure caused by incomplete, inaccurate, or incorrect details provided by the User.

13.3.3 Deductions

(a) The amount refunded to the User shall be net of:

• payment gateway charges;
• transaction processing fees;
• banking fees; and
• applicable taxes or statutory deductions, if any.

(b) The User acknowledges and accepts that such deductions represent actual costs incurred by Fundist in processing the original payment and refund.

13.4. Additional Terms

(a) All cancellation requests, refund claims, and related correspondence must be directed exclusively to support@fundist.in or refund@fundist.in. Fundist shall not be responsible for any requests sent to other addresses or channels.

(b) The User’s right to cancel or claim a refund shall not apply to any portion of Professional Services or Subscriptions that have already been performed, delivered, or consumed prior to the date of the refund request.

(c) Fundist reserves the right to amend, modify, or revise this Refund and Cancellation Policy at any time, in its sole discretion, with or without prior notice to Users, provided that such changes shall not affect refund requests already approved by Fundist prior to the effective date of modification.

(d) This Refund and Cancellation Policy shall be read in conjunction with, and shall form an integral part of, the Terms and Conditions governing the User’s use of the Platform.

(e) Nothing in this Policy shall be construed to limit or prejudice Fundist’s other rights, remedies, or defenses available under contract, law, or equity.

14. MISCELLANEOUS

•       Amendments: Fundist reserves the right to amend or update these Terms from time to time without prior notice. Continued use of the Platform constitutes deemed acceptance of the revised Terms.
•       Entire Agreement: These Terms constitute the entire agreement between the User and Fundist in relation to the subject matter herein.
•       Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
•       No Waiver: The failure of Fundist to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

For any questions, concerns, or notices under these Terms, Users may contact Fundist at terms@fundist.in.