INTRODUCTION

Welcome to Streak.tech, an extension to Kite – Zerodha’s exchange approved trading platform.
Streak.tech is provided by Streak AI Technologies Pvt. Ltd, a web-based platform to create, backtest and deploy trading strategies.

AGREEMENT/ TERMS OF USE

These Terms of Use constitute a legally binding agreement between Streak AI Technologies Pvt. Ltd. provider of streak.tech, “us” or “we” and you (“you”), the individual logging in through Zerodha’s Kite account, sets forth the terms and conditions that govern your use of Streak.tech (the “Site” or “ Mobile App” Together referred as Platform) and/or any related services (the “Services”) accessed through the Streak 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 className 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.

1. Use of Services.

Unless otherwise specified, Streak AI Technologies Pvt. Ltd. grants to you a non-exclusive and non-transferable limited right and license to access the Site streak.tech or the mobile android app. which is an extension to Kite – Zerodha’s exchange approved trading platform. The users of this platform need to have opened a trading and demat account in zerodha. The Services provided on this platform (steak.tech) 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 register with streak.tech via Zerodha’s Kite account. The complete customer facing features of streak.tech is available only by paying a premium depending on the plans available.

You acknowledge and understand that we provide tools and infrastructure designed to allow you to create, backtest, and deploy your strategies and strategyrithmic trading strategies live in the market.

To be clear, we  do not  provide any trading strategies or trading strategies, rather the tools to create them and the data with which you can test and use them. You can create your own strategies or use strategies made available on the Site to modify them as per your needs.

Sample strategy feature: Users can check the sample strategies provided on the dashboard to understand the working of indicators and how to use them. Streak is not promoting any stock or indicator, this is just a sample which user on his/her own accord is responsible if used and which results in any profits/losses occurred after deploying sample strategies in the market.

2. Accounts, Passwords and Security.

To become a registered user, you must login by providing Streak.tech your Zerodha Kite 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 Streak AI Technologies Pvt. Ltd. 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 Streak AI Technologies Pvt. Ltd. or any other party due to someone else’s use of your account or password. You agree to notify Streak AI Technologies Pvt. Ltd. by writing to [email protected] immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. Streak AI Technologies Pvt. Ltd. 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.

3. 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 Streak AI Technologies Pvt. Ltd. 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, strategyrithm or methodology, unless you obtain Streak AI Technologies Pvt. Ltd.’s 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 Streak AI Technologies Pvt. Ltd.-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;
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 Streak AI Technologies Pvt. Ltd. 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 Streak AI Technologies Pvt. Ltd.’s 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 Streak AI Technologies Pvt. Ltd. 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 Streak website/app or any other Streak services.

4. Investment Disclaimer.

You acknowledge and understand that the Services of Streak AI Technologies Pvt. Ltd. (Streak.tech) are not intended to supply investment, financial, tax or legal advice. The Services are not investment advice and any observations concerning any security, trading strategyrithm 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 strategyrithm, 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 Streak AI Technologies Pvt. Ltd. is authorized to provide any such advice pursuant to this Agreement, and any such advice, if given, is in violation of Streak AI Technologies Pvt. Ltd.’s policies, and unauthorized and hence should not be relied upon.

You are Solely Responsible for Input, Correctness, and Accuracy. The quality of the product’s analysis and optimization depends on the user’s inputs. After deployment, alerts have been made available in the product to ease and expedite your entry of the position, and you, as user of the system, are solely responsible for ensuring the quality of all its inputs. As such, you must carefully review all input parameters 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 accuracy of your inputs. 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. Streak AI Technologies Pvt. Ltd. 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.

5. Cancellation Policy: Streak.tech

6. Intellectual property and Trademark

The Website www.streak.tech, its general structure, its create, backtest, and deploy features, as well as text, animated or non-animated images, know-how, drawings, graphics, as well as the look and feel of the site and the features of zero coding, strategy trade without coding are and shall remain the exclusive property of Streak AI Technologies Pvt Ltd. 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.

Streak.tech is a patent pending technology in the US. Streak is a trademarked word in India by Streak AI Technologies Pvt Ltd. The operator of the Website Streak.tech is a patent pending technology in the US. Streak is a trademarked word in India by Streak AI technologies pvt ltd.

7. Backtesting and data.

Backtesting 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 are 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 backtested.

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.

8. 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 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. You further agree to receive all service communications from Streak.

9. Indemnification.

You agree to indemnify, defend, and hold Zerodha, the exchange (National Stock Exchange), Streak AI Technologies Pvt. Ltd the owner of streak.tech, 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 Streak AI Technologies Pvt. Ltd. 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 Streak AI Technologies Pvt. Ltd. account. This Section shall survive in the event this Agreement is terminated for any reason.

10. 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 THIRD PARTIES. NEITHER Streak AI Technologies Pvt. Ltd. NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF 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 AND/OR 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 BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF 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 CONTENT STORED THEREIN. IN NO EVENT SHALL Streak AI Technologies Pvt. Ltd.’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED ONE RUPEE (Rs 1.00). 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 LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

11. Force majeure.

Streak AI Technologies Pvt Ltd 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.

12. 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 Streak.tech 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. Streak.tech and Zerodha do not make any representation or warranty that the Online Trading Service of Zerodha or Streak.tech 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 Zerodha or Streak.tech or Streak AI technologies pvt ltd on account of any suspension, interruption, non-availability or malfunctioning of the Online Trading System or Service of Zerodha or the Exchange’s service or systems for any reason whatsoever.