Terms of Service
Effective date: 1 April 2026
Version 1.0
These Terms of Service ("Terms") constitute a legally binding agreement between you and Fundclair Technologies ("Fundclair", "we", "us", "our") governing your access to and use of the Fundclair investor reporting platform, including all associated web applications, APIs, and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. Definitions
- "Fund Manager" — an entity or individual registered with SEBI to manage an Alternative Investment Fund (AIF) or other fund vehicle, who subscribes to the Platform as the primary account holder
- "Fund Administrator" — an individual authorised by a Fund Manager to operate the admin portal on their behalf
- "Investor" — an individual or entity who has been onboarded to a fund via the Platform to access investor reports and documents
- "Subscription" — a paid monthly plan that grants the Fund Manager access to the Platform
- "Content" — all data, documents, reports, and communications uploaded to or generated by the Platform
2. Eligibility & account registration
- The Platform is available only to fund managers who are duly registered with SEBI under the SEBI (Alternative Investment Funds) Regulations, 2012, or other applicable SEBI regulations, or who are evaluating the Platform under a UAT (User Acceptance Testing) arrangement.
- Fund Managers must provide accurate registration information including fund name, SEBI registration number, and authorised contact details. Misrepresentation is grounds for immediate termination.
- You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at admin@fundclair.com of any unauthorised access to your account.
- Each Subscription covers one fund. Multi-fund arrangements require separate Subscriptions or a custom enterprise agreement.
3. Permitted use
Subject to these Terms and timely payment of Subscription fees, Fundclair grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purpose of managing investor reporting, KYC, and document distribution for your registered fund(s).
4. Prohibited conduct
You must not:
- Use the Platform for any purpose that violates applicable law, including SEBI regulations, the Prevention of Money Laundering Act, 2002, the DPDP Act, 2023, or the Information Technology Act, 2000
- Onboard investors who have not provided valid KYC documentation or DPDP consent
- Upload false, misleading, or fabricated NAV, cashflow, or performance data
- Attempt to access data belonging to another fund or investor without authorisation
- Reverse-engineer, decompile, or attempt to derive the source code of the Platform
- Resell, sublicence, or white-label the Platform without a separate written agreement with Fundclair
- Use the Platform to transmit unsolicited commercial communications (spam) to investors
- Introduce malicious code, automated bots, or scripts that interfere with Platform operation
- Share your Fund Administrator credentials with any individual not authorised under your Subscription
5. Subscription & payment terms
Fundclair operates on a monthly per-investor pricing model. Fees are invoiced monthly in advance.
Investor band
Rate (excl. GST)
Up to 100 investors
₹299 / investor / mo
101–250 investors
₹249 / investor / mo
251–500 investors
₹199 / investor / mo
500+ investors
₹159 / investor / mo
- Minimum monthly fee applies per band as communicated at onboarding.
- GST: All fees are subject to Goods and Services Tax at 18%, as applicable under Indian law. Invoices will display the base amount, GST amount, and total amount payable.
- Payment: Invoices are due within 15 days of issuance. Late payment beyond 30 days may result in suspension of the Fund Manager's account. Investor access will not be interrupted during a suspension period of up to 60 days.
- Custom dashboard add-ons (Theme, White-label) are billed at rates communicated separately and include a one-time setup fee.
- Disputed invoices must be raised in writing within 7 days of receipt. Undisputed amounts remain payable on the due date.
- Fundclair reserves the right to revise pricing with 60 days' written notice. Continued use after the notice period constitutes acceptance of revised pricing.
6. Data ownership & responsibilities
- Your data is yours. All fund data, investor data, and documents uploaded to the Platform remain the property of the Fund Manager and/or the respective investors.
- Fundclair acts as a Data Processor in respect of investor personal data. The Fund Manager is the Data Fiduciary responsible for obtaining valid KYC consent and DPDP consent from each investor prior to onboarding.
- The Fund Manager warrants that all data uploaded to the Platform has been collected lawfully and that investors have provided informed consent to its processing.
- Fundclair is not responsible for the accuracy of NAV, performance, cashflow, or any other fund data entered by the Fund Manager or Fund Administrator.
- Upon termination, Fundclair will provide a data export within 30 days. After 90 days post-termination, data will be deleted subject to regulatory retention obligations.
7. Intellectual property
The Platform, including all software, design, trademarks, and documentation, is the exclusive intellectual property of Fundclair Technologies. Nothing in these Terms transfers any ownership of Fundclair's intellectual property to you. You may not use the Fundclair name, logo, or branding without prior written consent, except as permitted under a white-label arrangement.
8. Availability & service levels
Fundclair aims to maintain Platform availability of 99.5% measured monthly, excluding scheduled maintenance windows. Scheduled maintenance will be communicated with at least 24 hours' notice via email. Fundclair does not guarantee uninterrupted access and shall not be liable for downtime caused by third-party infrastructure providers, force majeure events, or circumstances beyond our reasonable control.
9. Limitation of liability
The Platform is a reporting and document management tool. Fundclair does not provide investment advice, legal advice, tax advice, or regulatory compliance advice. Nothing on the Platform constitutes a recommendation to invest or divest.
- To the maximum extent permitted by applicable law, Fundclair's total aggregate liability to you for any claim arising out of or related to these Terms or the Platform shall not exceed the total Subscription fees paid by you in the 3 months preceding the event giving rise to the claim.
- Fundclair shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profit, loss of data, or loss of goodwill, even if advised of the possibility of such damages.
- Fundclair shall not be liable for any loss arising from: (a) inaccurate data entered by the Fund Manager; (b) unauthorised access to your account caused by your failure to maintain credential security; (c) reliance on Platform-generated reports as investment advice.
10. Indemnification
You agree to indemnify, defend, and hold harmless Fundclair Technologies, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your breach of any representation or warranty herein; or (d) any dispute between you and an investor arising from fund operations.
11. Termination
- By you: You may terminate your Subscription at any time by providing 30 days' written notice to admin@fundclair.com. Fees for the notice period remain payable. No refunds are issued for partial months.
- By Fundclair: We may suspend or terminate your account immediately without notice if you: (a) materially breach these Terms and fail to cure within 7 days of written notice; (b) fail to pay undisputed fees within 30 days of the due date; (c) use the Platform for any unlawful purpose; or (d) become insolvent or subject to insolvency proceedings.
- Effect of termination: Upon termination, your access to the Platform will cease. Investor access to the portal will also cease unless you migrate to an alternative platform. Fundclair will retain data subject to regulatory obligations as described in the Privacy Policy.
12. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Platform ("Confidential Information"). This obligation does not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; or (c) is required to be disclosed by law or regulatory authority. Confidentiality obligations survive termination for a period of 3 years.
13. Modifications to these Terms
Fundclair reserves the right to modify these Terms at any time. Material changes will be communicated via email with at least 30 days' notice. Your continued use of the Platform after the notice period constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you may terminate your Subscription before the effective date of the change.
14. Governing law & dispute resolution
Governing law: These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Jurisdiction: Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
Arbitration: Prior to litigation, parties agree to attempt resolution through good-faith negotiation for 30 days. If unresolved, disputes above ₹10 lakhs may be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator mutually appointed by the parties.
15. Miscellaneous
- Entire agreement: These Terms, together with the Privacy Policy and any order form or custom agreement, constitute the entire agreement between the parties with respect to the Platform.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of the right to enforce it in the future.
- Assignment: You may not assign your rights or obligations under these Terms without Fundclair's prior written consent. Fundclair may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force majeure: Neither party shall be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including acts of God, governmental actions, pandemics, or infrastructure failures.
Legal queries & notices
admin@fundclair.com
For formal legal notices, please mark your email "Legal Notice — Fundclair Terms". We respond within 3 business days.