Terms & Conditions

These Terms and Conditions of Use, together with the Privacy Policy (collectively, the “Terms”),  govern access to and use of Nextmark by Nextyn and all related products, platforms, digital interfaces, websites, applications, dashboards, datasets, tools, APIs, content, transcripts, integrations, and services made available by the Company from time to time (collectively, the “Platform” or “Services”).

Nextmark by Nextyn is a brand and product offering of Nextyn Advisory Private Limited and Nextyn Pte. Limited, and is not a separate legal entity. References to the “Company”, “we”, “us”, or “our” mean Nextyn Advisory Private Limited and/or Nextyn Pte. Limited, as the context requires.

By accessing or using the Platform, creating an account, or authorising access via web or mobile application (if applicable), the individual user and the legal entity on whose behalf such user is acting (“Client” or “you”) acknowledge that they have read, understood, and agree to be bound by these Terms and the Privacy Policy. 

1. Definitions

Unless the context otherwise requires, words importing the singular shall include the plural and vice versa, words importing any gender shall include all genders, and references to a “person” shall include an individual, partnership, company, corporation, or other legal entity. Headings are for convenience only and shall not affect the interpretation of these Terms.

For the purposes of these Terms:

  • “Client” means the legal entity that has entered into a subscription, access arrangement, or other agreement with the Company, or that has otherwise been authorised by the Company to access the Platform.
  • “User” means any individual authorised by or acting on behalf of a Client to access or use the Platform.
  • “Platform” means the Nextmark by Nextyn proprietary digital platform and related services, including any web-based or mobile interfaces (if any), dashboards, databases, tools, datasets, content, transcripts, and other functionality specifically made available as part of the Nextmark by Nextyn product, as may be updated from time to time. For clarity, the Platform does not include, and these Terms do not govern, any other products, platforms, or services of the Company or its affiliates. For the avoidance of doubt, the Platform may be accessed via the Application and/or a web-based interface, as made available by the Company from time to time. 
  • “Application” or “App” means any mobile or desktop application branded as Nextmark by Nextyn, made available by the Company from time to time, including any iOS, Android, or other operating-system-based application through which the Platform or Services may be accessed. 
  • “Services” means the functionality, features, and services made available by the Company solely in connection with the Platform, including company tracking tools, dashboards, datasets, content, transcripts, alerts, notifications, and related research and analytical capabilities. 
  • “Content” means all data, information, text, transcripts, recordings, analytics, dashboards, tools, reports, and other materials made available through the Platform, whether generated by the Company or provided by third parties. 
  • “Licensed Content” means any content made available through the Platform pursuant to a licence or other arrangement with a third-party content provider or licensor. 
  • “Proprietary Content” means any content created, compiled, developed, or generated by the Company, including compilations, aggregations, and derived datasets. 
  • “Transcript(s)” means written transcriptions of earnings calls or similar corporate communications, whether generated through live transcription technology, prepared internally by the Company, or obtained under licence from third parties. 
  • “MNPI” means material non-public information as defined under applicable securities, market abuse, and insider trading laws and regulations.
  • “Client Data” means any data uploaded, input, or otherwise provided by or on behalf of the Client into the Platform, if applicable.
  • “API” or “Application Programming Interface” means any interface, integration mechanism, data feed, or connectivity solution made available by the Company that enables the Client to programmatically access datasets, content, or functionality of the Platform.

2. Scope of Services

The Platform provides a centralised research and tracking solution that may include:

  • Identification and tracking of publicly listed and privately held companies across global markets, industries, and jurisdictions.
  • Aggregation and presentation of publicly available financial data, corporate disclosures, and company-related information, including earnings calls, investor or stakeholder communications, key dates, and related news references, as available in the public domain, sourced from third-party content providers pursuant to licensing or other commercial arrangements, or identified through the Company’s internal research mechanisms.
  • Access to live and recorded earnings call Transcripts and similar corporate communications relating to publicly listed or privately held companies, where such recordings or Transcripts are available in the public domain, generated internally, or licensed from third-party providers, subject to applicable rights, restrictions, redactions, and availability.
  • Provision of datasets, content, and platform functionality through APIs, data feeds, or other system integrations, where enabled and authorised by the Company.
  • Alerts, notifications, dashboards, analytical views, and updates were enabled.

From time to time, the Company may provide access to the Platform, certain features, datasets, or APIs on a trial, proof‑of‑concept, evaluation, or beta basis (“Trial Access”). Unless otherwise expressly agreed in writing, Trial Access is provided without charge, may be subject to additional usage limits or restrictions, and may be modified, suspended, or terminated by the Company at any time without notice. Trial Access is provided “as is” without any warranties or support obligations, and the Company shall have no liability arising out of or in connection with Trial Access to the maximum extent permitted by law.

Certain Content and Transcripts are obtained from or licensed to the Company by third-party sources and are made available subject to applicable licensing rights, usage limitations, and restrictions. 

Redactions may be applied to Content and Transcripts, including but not limited to, for the purposes of anonymisation, removal of confidential or sensitive information (including potential MNPI), compliance with applicable laws and licensing obligations, maintenance of professional standards of conduct, and removal of inappropriate, offensive, or improper language.

The Company does not guarantee comprehensive or continuous coverage of all companies, financial data points, jurisdictions, exchanges, or events. The Company may modify, add to, or discontinue any aspect of the Platform or Services at its discretion. 

3. Permitted Use and Licence Grant

Subject to compliance with these Terms, the Company grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Platform, Services, and Content solely for the Client’s internal informational, analytical, and research purposes.

Access is permitted only by authorised users acting on behalf of the Client and in accordance with applicable laws and the Client’s internal policies.

Use of any Licensed Content is subject to applicable third-party rights, restrictions, and usage conditions, which shall prevail in the event of any inconsistency with these Terms. 

The Platform, Services, and Content do not constitute investment advice, trading recommendations, legal advice, tax advice, or any other professional advice.

4. Client Responsibilities

The Client is responsible for:

  • All activity that is conducted through the Client’s accounts, whether via web access, mobile access, API access, system integrations, or automated connections.
  • Maintaining the confidentiality and security of user credentials, API keys, authentication tokens, integration credentials, and access controls.
  • Ensuring that all users and any systems, applications, or tools accessing the Platform or datasets through APIs or integrations comply with these Terms, applicable laws, and any usage limits, technical documentation, or access restrictions prescribed by the Company.
  • Implementing appropriate technical and organisational safeguards to prevent unauthorised access, misuse, excessive querying, bulk extraction, or circumvention of Platform security or rate-limiting mechanisms.
  • Promptly notifying the Company of any unauthorised access, security breach, credential compromise, API key exposure, or misuse of the Platform, Services, Content, or Datasets.

5. Prohibited Use

The Client and its users shall not, directly or indirectly:

  • Use the Platform or Content to obtain, seek, infer, disclose, transmit, or trade on MNPI.
  • Redistribute, resell, sublicense, publish, disclose, or commercially exploit any content or create competing datasets.
  • Scrape, crawl, harvest, bulk download, or use automated tools to access the Platform without written consent.
  • Use content or outputs to train or develop AI or machine-learning models.
  • Reverse engineer, decompile, or attempt to replicate the Platform, datasets, or methodologies.
  • Identify, target, or re-identify individuals or use the Platform for unlawful or harmful purposes.
  • Modify, distribute, or create derivative versions of the App or Web Platform.
  • Circumvent access controls, rate limits, or authentication mechanisms.

Any actual or attempted engagement in the foregoing activities may constitute a material breach of these Terms.

6. Export Control and Sanctions

The Client represents and warrants that it and its users are not located in, organised under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive trade sanctions or embargoes, and are not named on any applicable sanctions, denied‑party, or restricted‑party list. The Client shall not access or use, or permit any user to access or use, the Platform, Services, or Content in any manner that would cause the Company or its licensors to violate applicable export control, sanctions, or anti‑boycott laws and regulations. The Company may immediately suspend or terminate access where it reasonably determines that continued provision of the Services may breach such laws.

7. Content Sources, Review, and Compliance Controls
7.1. Content Sources

Content made available on the Platform is obtained through a combination of (i) publicly available sources, including corporate disclosures, earnings calls, investor communications, and regulatory filings that are made available in the public domain, (ii) licensed third-party content providers pursuant to commercial or licensing arrangements, and (iii) content generated, compiled, or derived internally by the Company through proprietary research processes and technology-enabled tools.

The Company does not solicit, request, or knowingly accept material non-public information or confidential information from any source.

Certain Content, Data Feeds, Transcripts, and Functionality are provided by third‑party licensors or content providers and may be subject to additional terms, conditions, and usage restrictions imposed by such third parties (“Provider Terms”). The Client agrees to comply, and shall ensure that its Users comply, with all applicable Provider Terms notified or made reasonably available to the Client. If a Client or User fails to comply with any Provider Terms, the Company or the relevant provider may suspend or terminate access to the applicable third‑party Content or functionality. The Company shall have no liability for any reduction or loss of functionality, Content, or Services arising from enforcement of Provider Terms, and the Client shall not be entitled to any refund or other remedy in connection therewith.

7.2. Compliance Review and Publication Controls

Prior to being made available on the Platform, Content and Transcripts are subject to internal review, processing, and compliance controls designed to reduce legal, regulatory, and contractual risk. Such controls may include, without limitation:

  • Screening for potential material non-public information.
  • Redaction or anonymisation of sensitive, confidential, or personal data.
  • Application of licensing, usage, and redistribution restrictions imposed by third-party content providers.
  • Removal of content that is inappropriate, offensive, or inconsistent with professional standards.
  • Automated and manual quality checks, where applicable.

Certain content, including automated or live transcripts, may be generated using technology-enabled tools and may be published with reasonable delays, edits, or redactions to ensure compliance with applicable laws, contractual obligations, and internal policies. 

7.3. Limitations of Review

While the Company maintains reasonable compliance processes, the Company does not guarantee that all content is complete, accurate, or free from errors, omissions, or delays. Compliance review processes are designed to mitigate risk and do not constitute legal, regulatory, or investment supervision of Client activity or reliance.

Clients and Users remain solely responsible for assessing the suitability and permissible use of Content in accordance with applicable laws, internal policies, and regulatory obligations.

8. Data Ownership, Licensing, and Client Data

All Proprietary Content, Platform Architecture, Software, Methodologies, and Compilations are owned by the Company or its licensors and are protected by intellectual property laws.

Licensed Content remains the property of third-party licensors and is subject to their licence terms. 

The Client retains ownership of Client Data. The Client grants the Company a limited, non-exclusive licence to process Client Data solely for the purpose of providing the Services, in accordance with the Privacy Policy.

All rights not expressly granted are reserved by the Company and its licensors. 

9. API Access and Dataset Usage

Where authorised by the Company, the Client may access certain datasets, Content, or Platform functionality through APIs or other system integrations.

API access is provided solely for the Client’s internal informational, analytical, and research purposes and remains subject to these Terms, applicable technical documentation, usage limits, and authentication requirements prescribed by the Company from time to time.

The Client agrees that it shall:

  • Use APIs only in accordance with technical specifications, rate limits, and access permissions issued by the Company.
  • Maintain the confidentiality and security of API keys, tokens, credentials, and integration endpoints.
  • Implement appropriate technical and organisational safeguards to prevent unauthorised access, bulk extraction, misuse, or redistribution of datasets accessed via API.
  • Ensure that any internal systems, applications, or tools connected to the Platform via API comply with these Terms and applicable laws.

The Company may monitor API usage, implement throttling or rate limiting, suspend API access, rotate credentials, or modify API functionality where reasonably necessary for security, compliance, licensing, or system integrity purposes.

The Company does not guarantee uninterrupted availability, backward compatibility, or continued support of any specific API version or integration functionality.

10. Security

The Company implements commercially reasonable technical and organisational measures designed to protect the security, confidentiality, and integrity of the Platform and Client Data. However, the Client acknowledges that no method of transmission or storage is completely secure and that the Company cannot guarantee absolute security. The Client remains responsible for configuring its systems, maintaining appropriate back‑ups, and implementing its own security controls appropriate for its risk profile.

11. Market Abuse, MNPI, and Monitoring

The Company does not provide MNPI or facilitate access to insider information or confidential information.

Clients and Users are solely responsible for compliance with applicable securities, market abuse, and insider trading laws.

The Company may monitor, log, and analyse access to and use of the Platform for compliance, security, risk management, and enforcement purposes. Such monitoring does not constitute supervision of Client activity. 

12. Transcripts, Redaction, and Content Limitations

Transcripts may be generated through automated tools, internal processes, or licensed third-party sources. 

Transcripts may be redacted or anonymised and may contain inaccuracies, omissions, or delays. They are not guaranteed to be verbatim, complete, or error-free. 

13. No Advice and No Reliance

All Content is provided for informational and analytical purposes only.

The Company does not act as a fiduciary and shall not be liable for decisions or actions taken based on the use of the Platform or Transcripts.

The Platform may include automated analyses, summaries, scores, signals, or other machine-generated outputs derived from underlying data or Content. Such outputs are inherently probabilistic, may contain errors, omissions, or misinterpretations, and are provided solely for informational purposes. They do not constitute investment advice, trading recommendations, an offer or solicitation to transact in any security or financial instrument, or any form of legal, accounting, or tax advice. The Client and Users are solely responsible for independently verifying any information or output and for all investment and other decisions, and the Company shall have no responsibility or liability for any losses or damages arising from reliance on any such outputs.

14. Fees, Invoicing and Billing

Fees, billing frequency, and payment terms for the Platform and Services shall be as set out in the applicable order form, subscription agreement, or other commercial documentation agreed between the parties. Unless otherwise specified, all fees are non‑cancellable and non‑refundable, and are exclusive of applicable taxes, duties, and levies, which shall be borne by the Client (other than taxes imposed on the Company’s income). The Client shall be responsible for all charges incurred under its accounts and shall pay all amounts due without set‑off or deduction.

15. Suspension and Termination

The Company may suspend or terminate access immediately if it reasonably believes that these Terms have been breached or that continued access poses legal, regulatory, contractual, or reputational risk.

Upon termination, all licences granted under these Terms shall cease. Provisions relating to intellectual property, limitation of liability, indemnity, and governing law shall survive termination.

16. Disclaimer of Warranties

The Platform, Services, Content (including Licensed Content and Transcripts), APIs, and any outputs or analytics are provided on an “as is” and “as available” basis without any representations or warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, the Company and its licensors disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non‑infringement, accuracy, completeness, reliability, or availability, and any warranties arising out of course of dealing or usage of trade. The Company does not warrant that the Platform or Services will be uninterrupted, error‑free, secure, or free of harmful components, or that any defects will be corrected.

17. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, trading losses, or loss of data.

18. Indemnity

The Client agrees to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and their respective directors, officers, and employees from claims, losses, or liabilities arising out of:

  • Misuse of the Platform or Content.
  • Breach of these Terms or third-party licence terms.
  • Use of the Platform in combination with unauthorised software or systems.
  • Violation of applicable laws or regulations.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Courts at Mumbai shall have exclusive jurisdiction. Mandatory liabilities under applicable law are not excluded.

20. Amendments

The Company may update these Terms from time to time. Continued use of the Platform after such updates constitutes acceptance.